1. law, govt and politics

TITLE 9
OLATHE PUBLIC OFFENSE CODE
CHAPTERS:
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.11
9.12
9.13
9.14
9.15
9.16
9.17
9.18
9.19
9.20
9.21
9.25
9.40
9.42
9.48
9.50
Scope and Application
Principles of Criminal Liability
Prohibited Conduct
Offenses Against Persons
Sex Offenses
Offenses Affecting Family Relationships and Children
Offenses Against Property
Offenses Affecting Governmental Functions
Offenses Affecting Public Trusts
Offenses Involving Violations of Personal Rights
Offenses Against the Public Peace
Offenses Against the Public Safety
Offenses Against the Public Morals
Miscellaneous Provisions
Offenses Affecting Business and Commerce
Law Enforcement Communications Security
Controlled Substances
Classification of Public Offenses and Penalties
Public Safety Procedure
Authorized Dispositions
Severability and Repeal
Automatic Alarm Systems
Mob Action
Public Safety Services (Repealed 2/16/93)
Criminal Trespass (Repealed 2/16/93)
Ethnic Intimidation or Bias Crimes
9.0
February 2006
CHAPTER 9.01
SCOPE AND APPLICATION
Sections:
9.01.010
9.01.020
9.01.030
9.01.040
9.01.050
9.01.060
9.01.070
9.01.080
9.01.090
9.01.100
9.01.110
Title and Construction.
Scope and Application.
Application; Kansas Criminal Code.
Civil Remedies Preserved.
Territorial Applicability.
Public Offenses Defined; Classes of Offenses.
Time Limitations.
Multiple Prosecutions for Same Act.
Effect of Former Prosecution.
Defendant Presumed Innocent; Reasonable Doubt as to Guilt.
General Definitions.
9.01.010 Title and Construction. This code is called and may be cited as the City of Olathe public
offense code. (Ord. 83-75 § 2, 1983.)
9.01.020 Scope and Application.
(1) No conduct constitutes a crime against the City of Olathe unless it is made criminal in
this code or in another ordinance of this city, but where an offense is denounced by any ordinance of
this city, but not defined, the definition of such offense at common law shall be applied.
(2) Unless expressly stated otherwise, or the context otherwise requires, the provisions of
this code apply to offenses created by ordinance other than in this code.
(3) This code does not affect the power of the municipal court to punish for contempt or to
employ any sanction authorized by law for the enforcement of a conviction, judgment, order or
sentence.
(4) This code has no application to offenses committed prior to its effective date. An offense
is committed prior to the effective date of the code if any of the essential elements of the offense as
then defined occurred before that date. Prosecutions for prior offenses shall be governed, prosecuted
and punished under the laws existing at the time such offenses were committed. (Ord. 83-75 § 2,
1983.)
9.01.030 Application; Kansas Criminal Code. The provisions of the Kansas Criminal Code and
amendments thereto which are in their nature applicable to the jurisdiction of the City of Olathe and
in respect to which no special provision is made by ordinance of the city are applicable to this public
offense code. (Ord. 83-75 § 2, 1983.)
9.01.040 Civil Remedies Preserved. This code does not bar, suspend or otherwise affect any civil
right or remedy, authorized by law to be enforced in a civil action, based upon conduct which this
code makes punishable; and the civil injury caused by criminal conduct is not merged in the offense.
(Ord. 83-75 § 2, 1983.)
9.01.050 Territorial Applicability.
(1) A person is subject to prosecution and punishment under the law of this city if:
(a) Such person commits an offense wholly or partly within the corporate limits of
this city; or
(b) Being outside the city, such person counsels, aids, abets, or conspires with
another to commit an offense within this city; or
9.1
January 2008
(c) Being outside the city, such person commits an act which constitutes an attempt
to commit an offense within this city.
(2) An offense is committed partly within the city if either an act which is a constituent and
material element of the offense, or the proximate result of such act, occurs within the city.
(3) An offense which is based on an omission to perform a duty imposed by the law of this
city, is committed within the city, regardless of the location of the person omitting to perform such
duty at the time of the omission.
(4) It is not a defense that the defendant's conduct is also violative of the laws of the State of
Kansas or of another state or of the United States or of another country.
(5) This city includes the land and water and air space above such land and water with
respect to the limits and boundaries of the City of Olathe. (Ord. 07-135 § 1, 2007; Ord. 83-75 § 2,
1983.)
9.01.060 Public Offenses Defined; Classes of Offenses. A public offense is an act or omission
defined by law and for which, upon conviction, a sentence of imprisonment or fine, or both
imprisonment and fine, is authorized.
Offenses are classified as Class A, B, C and unclassified public offenses. (Ord. 83-75 § 2, 1983.)
9.01.070 Time Limitations.
1. Except as otherwise provided in this section, a prosecution for all other offenses must be
commenced within five (5) years after it is committed.
2. The period within which a prosecution must be commenced shall not include any period
in which:
A.
The accused is absent from the state;
B.
The accused is concealed within the state so that process cannot be served
upon the accused;
C.
The fact of the offense is concealed;
D.
A prosecution is pending against the defendant for the same conduct, even if
the notice to appear and/or complaint which commences the prosecution is quashed or the
proceedings thereon are set aside, or are reversed on appeal.
3. An offense is committed either when every element occurs, or, if a legislative purpose to
prohibit a continuing offense plainly appears, at the time when the course of conduct or the
defendant's complicity therein is terminated. Time begins to run on the day after the offense is
committed.
4. A prosecution is commenced when a notice to appear and/or complaint is filed and a
warrant thereon is delivered to the Police Department or an officer for execution, or a notice to
appear is delivered to the Police Department for service upon the accused, or when the accused has
been served with a notice to appear and the complaint is filed with the municipal court. (Ord. 14-26
§ 1, 2014; Ord. 83-75 § 2, 1983.)
9.01.080 Multiple Prosecutions for Same Act.
(1) When the same conduct of a defendant may establish the commission of more than one
offense under the laws of the city, the defendant may be prosecuted for each of such offenses. Each
of such offenses may be alleged as a separate count in a single complaint and/or notice to appear.
9.2
May 2014
(2) Upon prosecution for an offense, the defendant may be convicted of either the offense
charged or an included offense, but not both. An included offense may be any of the following:
(a) A lesser degree of the same offense;
(b) An attempt to commit the offense charged;
(c) An attempt to commit a lesser degree of the offense charged; or
(d) An offense necessarily proved if the offense charged were proved.
Whenever charges are filed against a person, accusing such person of an offense which
includes another offense of which the person has been convicted, the conviction of such included
offense shall not bar prosecution or conviction of the offense charged if such offense charged was
not consummated at the time of conviction of the included offense, but the conviction of such
included offense shall be annulled upon the filing of such charges. Evidence of such person's plea or
any admission or statement made by such person in connection therewith in any of the proceedings
which resulted in such person's conviction of the included offenses shall not be admissible at the trial
of the offense charged. If such person is convicted of the offense charged, or of an included offense,
the person so convicted shall receive credit against any sentence imposed or fine to be paid for the
period of confinement actually served or the amount of any fine actually paid under the sentence
imposed for such annulled conviction. (Ord. 83-75 § 2, 1983.)
9.01.090 Effect of Former Prosecution.
(1) A prosecution is barred if the defendant was formerly prosecuted for the same offense,
based upon the same facts, if such former prosecution:
(a) Resulted in either a conviction or an acquittal or in a determination inconsistent
that the evidence was insufficient to warrant a conviction; or
(b) Was terminated by a final order or judgment, even if entered before trial, which
required a determination inconsistent with any fact or legal proposition necessary to a
conviction in the subsequent prosecution; or
(c) Was terminated without the consent of the defendant after the defendant had been
placed in jeopardy, except where such termination shall have occurred by reason of the
illness or death of an indispensable party. A defendant is in jeopardy when he or she is put
on trial in a court of competent jurisdiction upon an indictment, information, complaint
and/or notice to appear, sufficient in form and substance to sustain a conviction or where the
case is tried to the court, when the court has begun to hear evidence.
A conviction of an included offense is an acquittal of the offense charged.
(2) A prosecution is barred if the defendant was formerly prosecuted for a different offense,
or for the same crime based upon different facts, if such former prosecution:
(a) Resulted in either a conviction or an acquittal and the subsequent prosecution is
for an offense or offenses of which evidence has been admitted in the former prosecution and
which might have been included as other counts in the complaint and/or notice to appear,
indictment or information filed in such former prosecution or upon which the prosecution
then might have elected to reply; or was for a crime which involves the same conduct, unless
each prosecution requires proof of a fact not required in the other prosecution, or the offense
was not consummated when the former trial began; or
(b) Was terminated by a final order or judgment, even if entered before trial, which
required a determination inconsistent with any fact necessary to a conviction in the
subsequent prosecution; and
(c) Was terminated without the consent of the defendant after the defendant had been
placed in jeopardy, except where such termination shall have occurred by reason of the
illness or death of an indispensable party.
9.3
January 1998
(3) A prosecution is barred if the defendant was formerly prosecuted in a district court of the
United States or in a court of proper jurisdiction of a sister state or in the municipal court of another
city or a district court of Kansas for a crime which is within the concurrent jurisdiction of this city, if
such former prosecution:
(a) Resulted in either a conviction or an acquittal, and the subsequent prosecution is
for the same conduct, unless each prosecution requires proof of a fact not required in the
other prosecution, or the offense was not consummated when the former trial began; or
(b) Was terminated by a final order of judgment, even if entered before trial, which
required a determination inconsistent with any fact necessary to a conviction in the
prosecution in this state.
(4) A prosecution is not barred under this section:
(a) By a former prosecution before a court which lacked jurisdiction over the
defendant or the offense; or
(b) By a former prosecution procured by the defendant without the knowledge of a
prosecuting officer authorized to commence a prosecution for the maximum offense which
might have been charged on the facts known to the defendant, and with the purpose of
avoiding the sentence which otherwise might be imposed; or
(c) If subsequent proceedings resulted in the invalidation, setting aside, reversal or
vacating of the conviction, unless the defendant was adjudged not guilty.
(5) In no case where a conviction for a lesser included crime has been invalidated, set aside,
reversed or vacated shall the defendant be subsequently prosecuted for a higher degree of the crime
for which such defendant was originally convicted. (Ord. 83-75 § 2, 1983.)
9.01.100 Defendant Presumed Innocent; Reasonable Doubt as to Guilt. A defendant is
presumed to be innocent until the contrary is proved. When there is a reasonable doubt as to his
guilt, he must be acquitted. When there is a reasonable doubt as to which of two or more degrees of
an offense he is guilty, he may be convicted of the lowest degree only. (Ord. 83-75 § 2, 1983.)
9.01.110 General Definitions. The following definitions shall apply when the words and phrases
defined are used in this code, except when a particular context clearly requires a different meaning.
Act: Shall also include a failure or omission to take action.
Air Gun or Rifle: Any device whether or not in the shape and form commonly associated with the
terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel
from an opening therein any pellet or BB shot, and whether operating from and upon compressed air
or mechanical or elastic springwork or otherwise.
Alcohol Concentration: The number of grams of alcohol per 100 milliliters of blood or per 210
liters of breath.
Alcohol Without Liquid Machine: A device designed or marketed for the purpose of mixing
alcohol with oxygen or another gas to produce a mist for inhalation for recreational purposes.
Alcoholic Liquor or Alcoholic Beverage: Includes the four varieties of liquor, namely alcohol,
spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or
beer capable of being consumed as a beverage by a human being, but shall not include cereal malt
beverage.
Another: A person or persons as defined in this code other than the person whose act is claimed to
be an offense.
9.4
July 2014
Arson Dog: Any dog which is owned, or the service of which is employed, by the state fire marshal
or a fire department for the principal purpose of aiding in the detection of liquid accelerants in the
investigation of fires.
Audiovisual Recording Function: The capability of a device to record or transmit a motion picture
or any part thereof by means of any technology now known or later developed.
Body Piercing: Puncturing the skin of a person by aid of needles or other instruments designed or
used to puncture the skin for the purpose of inserting jewelry or other objects in or through the
human body, except puncturing the external part of the human ear shall not be included in this
definition.
Cereal Malt Beverage: Means any fermented but undistilled liquor brewed or made from malt or
from a mixture of malt substitute, but does not include any such liquor which is more than three and
two-tenths percent (3.2%) alcohol by weight.
City or this City: The City of Olathe, Kansas, and all land and water within the corporate limits of
the City of Olathe and the air space above such land and water.
Conduct: An act or series of acts, and the accompanying mental state.
Conviction: A judgment of guilt entered upon a plea or finding of guilty.
Deception: Knowingly and willfully making a false statement or representation, express or implied,
pertaining to a present or past existing fact.
Deprive Permanently:
A. To take from the owner the possession, use or benefit of his or her property without an
intent to restore the same; or
B. To retain property without intent to restore the same or with intent to restore it to the
owner only if the owner purchases or leases it back, or pays a reward or other compensation for its
return; or
C. To sell, give, pledge or otherwise dispose of any interest in property or subject it to the
claim of a person other than the owner.
Dwelling: A building or portion thereof, a tent, a vehicle or other enclosed space which is used or
intended for use as a human habitation, home or residence.
Dwelling Unit: A single-family residence, multiple-family residence and each living unit in a
mixed-use building.
Electronic Cigarette: A battery-powered device, whether or not such device is shaped like a
cigarette, that can provide inhaled doses of nicotine by delivering a vaporized solution by means of
cartridges or other chemical delivery systems.
Fire Department: A public fire department under the control of the governing body of a city,
township, county, fire district or benefit district or a private fire department operated by a nonprofit
corporation providing fire protection services for a city, township, county, fire district or benefit
district under contract with the governing body of the city, township, county or district.
Firearm: Any weapon designed or having the capacity to propel a projectile by force of an
explosion or combustion.
Gamecock: A domesticated fowl that is reared or trained for the purpose of fighting with other fowl.
9.5
July 2014
Identification Document: Any card, certificate or document which identifies or purports to identify
the bearer of such document, whether or not intended for use as identification, and includes, but is
not limited to, documents purporting to be driver’s licenses, non-driver’s identification cards, birth
certificates, social security cards and employee identification cards.
Intent to Defraud: An intention to deceive another person, and to induce such other person, in
reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or
power with reference to property.
Knife: A cutting instrument, including a sharpened or pointed blade, a dagger, dirk, switchblade,
stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character.
Law Enforcement Officer:
A. Any person who by virtue of his or her office or public employment is vested by law with
a duty to maintain public order or to make arrests for offenses whether that duty extends to all
offenses or is limited to specific offenses.
B. Any university police officer or campus police officer, as defined in K.S.A. 22-2401a,
and amendments thereto.
Motion Picture Theater: A movie theater, screening room or other venue when used primarily for
the exhibition of a motion picture.
Motor Vehicle: Every vehicle, other than a motorized bicycle or a motorized wheelchair, which is
self-propelled.
Motorboat: Any vessel propelled by machinery, whether or not such machinery is the principal
source of propulsion.
Obtain: To bring about a transfer of interest in or possession of property, whether to the offender or
to another.
Obtains or Exert Control over Property: Includes but is not limited to, the taking, carrying away,
or the sale, conveyance, or transfer of title to, interest in or possession of property.
Ordinance Cigarette or Tobacco Infraction: A violation of an ordinance that proscribes the same
behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 and amendments thereto.
Owner: A person who has an interest in property.
Paint Ball Gun: Any device whether or not in the shape and form commonly associated with the
terms pistol, sidearm, small arm, rifle, shotgun, or any other type of gun designed to forcibly expel
from an opening therein any paint ball, and whether operating from and upon compressed air or
mechanical or elastic springwork or otherwise.
Person: An individual, public or private corporation, government, partnership, or unincorporated
association.
Personal Property: Goods, chattels, effects, evidences of rights in action and all written
instruments by which any pecuniary obligation, or any right or title to property, real or personal, shall
be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.
Police Dog: Any dog which is owned, or the service of which is employed, by a law enforcement
agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws
or apprehension of offenders.
9.6
July 2014
Prosecution: All legal proceedings by which a person’s liability for an offense is determined.
Public Employee: A person employed by or acting for the state or City of Olathe or by or for a
county, another municipality or other subdivision or governmental instrumentality of the state for the
purpose of exercising their respective powers and performing their respective duties, and who is not a
public officer.
Public Offense or Offense: An act or omission defined by this code which, upon conviction, is
punishable by fine, confinement or both fine and confinement.
Public Officer: Includes the following, whether elected or appointed:
A. An executive or administrative officer of the City of Olathe or of the state, or a county,
another municipality or other subdivision or governmental instrumentality of or within the state.
B. A member of the legislature or the governing body or of a governing board of a county,
municipality, or other subdivision of or within the city or state.
C. A judicial officer, which shall include a judge of the district or municipal court, juror,
master or any other person appointed by a judge or court, to hear or determine a cause or
controversy.
D. A hearing officer, which shall include any person authorized by law or private
agreement, to hear or determine a cause or controversy and who is not a judicial officer.
E. A law enforcement officer.
F. Any other person exercising the functions of a public officer under color of right or law.
Railroad Property: Includes, but is not limited to, any train, locomotive, railroad car, caboose, railmounted work equipment, rolling stock, work equipment, safety device, switch, electronic signal,
microwave communication equipment, connection, railroad track, rail, bridge, trestle, right-of-way or
other property that is owned, leased, operated or possessed by a railroad company.
Real Property or Real Estate: Every estate, interest and right in lands, tenements and
hereditaments.
Regulated Scrap Metal: Means wire, cable, bars, ingots, wire scraps, pieces, pellets, clamps,
aircraft parts, junk vehicles, vehicle parts, pipes, or connectors made from aluminum; catalytic
converters containing platinum, palladium, or rhodium; and copper, titanium, tungsten, and nickel in
any form; for which the purchase price was primarily based on the content therein of aluminum,
copper, titanium, tungsten, nickel, platinum, palladium, stainless steel, or rhodium; any item
composed in whole or in part of any nonferrous metal other than an item composed of tin, that is
purchased or otherwise acquired for the purpose of recycling or storage for later recycling.
Aluminum shall not include food or beverage containers.
Regulated Scrap Metal Yard: Any yard, plot, space, enclosure, building, or other place where
regulated scrap metal is collected, gathered together and stored or kept for shipment, sale, or transfer.
Sail Board: A surfboard using for propulsion a free sail system comprising one or more swivelmounted rigs (mast, sail and booms) supported in an upright position by the crew and the wind.
Sailboat: Any vessel, other than a sail board, that is designed to be propelled by wind action upon a
sail for navigation on the water.
9.7
July 2014
Scrap Metal Dealer: Any person that operates a business out of a fixed location, and that is also
either:
A. Engaged in the business of buying and dealing in regulated scrap metal;
B. Purchasing, gathering, collecting, soliciting or procuring regulated scrap metal; or
C. Operating, carrying on, conducting, or maintaining a regulated scrap metal yard or place
where regulated scrap metal is gathered together and stored or kept for shipment, sale, or transfer.
Search and Rescue Dog: Any dog which is owned or the service of which is employed, by a law
enforcement or emergency response agency for the purpose of aiding in the location of persons
missing in disasters or other times of need.
Smoke Detector: A device or combination of devices which operate from a power supply in the
dwelling unit or at the point of installation for the purpose of detecting visible or invisible particles
of combustion. Such term shall include smoke detectors approved or listed for the purpose for which
they are intended by an approved independent testing laboratory.
Solicit or Solicitation: To command, authorize, urge, incite, request or advise another to commit an
offense.
State or this State: The State of Kansas and all land and water in respect to which the State of
Kansas has either exclusive or concurrent jurisdiction, and the air space above such land and water.
Stolen Property: Property over which control has been obtained by theft.
Tattooing: The process by which the skin is marked or colored by insertion of nontoxic dyes or
pigments into or under the subcutaneous portion of the skin so as to form indelible marks for
cosmetic or figurative purposes.
Telefacsimile Communication: The use of electronic equipment to send or transmit a copy of a
document via telephone line.
Threat: A communicated intent to inflict physical or other harm on any person or on property.
Throwing Star: Any instrument, without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross,
star, diamond, or other geometric shape, manufactured for use as a weapon for throwing.
Toxic Vapors: The following substances or products containing such substances:
A. Alcohols, including methyl, isopropyl, propyl, or butyl;
B. Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
C. Acetone;
D. Benzene;
E. Carbon tetrachloride;
F. Cyclohexane;
G. Freons, including Freon 11 and Freon 12;
H. Hexane;
I. Methyl ethyl ketone;
J. Methyl isobutyl ketone;
K. Naptha;
L. Perchlorethylene;
M. Toluene;
N. Trichloroethane; or
O. Xylene.
9.8
July 2014
Vessel: Any water craft designed to be propelled by machinery, oars, paddles or wind action upon a
sail for navigation on the water.
Written instrument: Any paper, document or other instrument containing written or printed matter
or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording
information, and any money, token, stamp, seal, badge, trademark, or other evidence or symbol of
value, right, privilege or identification, which is capable of being used to the advantage or
disadvantage of some person. (Ord. 14-42 § 1, 2014; Ord. 12-38 § 1, 2012; Ord. 09-59 § 1, 2009;
Ord. 07-135 § 2, 2007; Ord. 99-24 § 1, 1999; Ord. 93-09 § 1, 1993; Ord. 87-30 § 28, 1987; Ord. 8375 § 2, 1983.)
9.9
July 2014
CHAPTER 9.02
PRINCIPLES OF CRIMINAL LIABILITY
Sections:
9.02.010
9.02.020
9.02.030
9.02.040
9.02.050
9.02.060
9.02.070
9.02.080
9.02.090
9.02.100
9.02.110
Criminal Intent.
Criminal Intent; Exclusions.
Ignorance or Mistake.
Absolute Liability.
Liability for Offenses of Another.
Corporations; Criminal Responsibility.
Individual Liability for Corporate Crime.
Intoxication.
Compulsion.
Entrapment.
Force.
9.02.010 Criminal Intent.
(1) Except as otherwise provided, a criminal intent is an essential element of every crime
defined by this code. Criminal intent may be established by proof that the conduct of the accused
person was intentional or reckless. Proof of intentional conduct shall be required to establish
criminal intent, unless the statute defining the crime expressly provides that the prohibited act is
criminal if done in a reckless manner.
(2) Intentional conduct is conduct that is purposeful and intentional and not accidental. As
used in this code, the terms "knowing", "willful", "purposeful", and "on purpose" are included within
the term "intentional".
(3) Reckless conduct is conduct done under circumstances that show a realization of the
imminence of danger to the person of another and a wanton disregard or complete indifference and
unconcern for the probable consequences of such conduct. The terms "gross negligence," "culpable
negligence," "wanton negligence" and "wantonness" are included within the term "recklessness" as
used in this code. (Ord. 93-09 § 2, 1993; Ord. 83-75 § 2, 1983.)
9.02.020 Criminal Intent; Exclusions.
(1) Proof of criminal intent does not require proof of knowledge of the existence or
constitutionality of the ordinance section under which the accused is prosecuted, or the scope or
meaning of the terms used in that ordinance section.
(2) Proof of criminal intent does not require proof that the accused had knowledge of the age
of a minor, though age is a material element of the crime with which he is charged. (Ord. 83-75 § 2,
1983.)
9.02.030 Ignorance or Mistake.
(1) A person's ignorance or mistake as to a matter of either fact or law, except as provided in
Section 9.02.020, is a defense if it negatives the existence of the mental state which the statute
prescribes with respect to an element of the crime.
(2) A person's reasonable belief that his conduct does not constitute a crime is a defense if:
9.10
November 2012
(a) He acts in reliance upon a statute or ordinance which later is determined to be
invalid; or
(b) He acts in reliance upon an order of the Olathe municipal court, opinion of the
district court, supreme court of Kansas or an United States appellate court later overruled or
reversed;
(c) He acts in reliance upon an official interpretation of a statute, regulation,
ordinance or order defining the crime made by a public officer or agency legally authorized
to interpret such statute.
(3) Although a person's ignorance or mistake of fact or law, or reasonable belief, as described
in subsection (2) of this section, is a defense to the crime charged, he may be convicted of an
included crime of which he would be guilty if the fact or law were as he believed it to be. (Ord. 83-75
§ 2, 1983.)
9.02.040 Absolute Liability. A person may be guilty of an offense without having criminal intent if
the ordinance section defining the offense clearly indicates a legislative purpose to impose absolute
liability for the conduct described. (Ord. 83-75 § 2, 1983.)
9.02.050 Liability for Offenses of Another.
(1) A person is criminally responsible for an offense committed by another if such person
intentionally aids, abets, advises, hires, counsels or procures the other to commit the offense.
(2) A person liable under subsection (1) hereof is also liable for any other offense committed
in pursuance of the intended offense if reasonably foreseeable by such person as a probable
consequence of committing or attempting to commit the offense intended.
(3) A person liable under this section may be charged with and convicted of the offense
although the person alleged to have directly committed the act constituting the offense lacked
criminal capacity or has not been convicted or had been acquitted or has been convicted of some
other degree of the offense or of some other offense based on the same act. (Ord. 07-135 § 3, 2007;
Ord. 83-75 § 2, 1983.)
9.02.060 Corporations; Criminal Responsibility.
(1) A corporation is criminally responsible for acts committed by its agents when acting
within the scope of their authority.
(2) "Agent" means any director, officer, servant, employee or other person who is authorized
to act in behalf of the corporation. (Ord. 83-75 § 2, 1983.)
9.02.070 Individual Liability for Corporate Offenses.
(1) An individual who commits public offenses, or causes public offenses to be performed, in
the name of or on behalf of a corporation, is legally responsible to the same extent as if such acts
were in his/her own name or on his/her own behalf.
(2) An individual who has been convicted of an offense based on conduct performed by the
individual for and on behalf of a corporation is subject to punishment as an individual upon
conviction of such an offense although a lesser or different punishment is authorized for the
corporation (Ord. 07-135 § 4, 2007; Ord. 83-75 § 2, 1983.)
9.11
November 2012
9.02.080 Intoxication.
(1) The fact that a person charged with an offense was in an intoxicated condition at the time
the alleged offense was committed is a defense only if such condition was involuntarily produced and
rendered such person substantially incapable of knowing or understanding the wrongfulness of his
conduct and of conforming his conduct to the requirements of law.
(2) An act committed while in a state of voluntary intoxication is not less offensive by reason
thereof, but when a particular intent or other state of mind is a necessary element to constitute a
particular offense, the fact of intoxication may be taken into consideration in determining such intent
or state of mind. (Ord. 83-75 § 2, 1983.)
9.02.090 Compulsion.
(1) A person is not guilty of an offense by reason of conduct which he performs under the
compulsion or threat of the imminent infliction of death or great bodily harm, if he reasonably
believes that death or great bodily harm will be inflicted upon him or upon his spouse, parent, child,
brother or sister if he does not perform such conduct.
(2) The defense provided by this section is not available to one who willfully or wantonly
places himself in a situation in which it is probable that he will be subjected to compulsion or threat.
(Ord. 83-75 § 2, 1983.)
9.02.100 Entrapment. A person is not guilty of an offense if his criminal conduct was induced or
solicited by a public officer or his agent for the purposes of obtaining evidence to prosecute such
person, unless:
(a) The public officer or his agent merely afforded an opportunity or facility for committing
the offense in furtherance of a criminal purpose originated by such person or a co-conspirator; or
(b) The offense was of a type which is likely to occur and recur in the course of such person's
business, and the public officer or his agent in doing the inducing or soliciting did not mislead such
person into believing his conduct to be lawful. (Ord. 83-75 § 2, 1983.)
9.02.110 Force. The provisions of the Kansas Criminal Code and amendments thereto relating to
the use of force in defense of a person; use of force in defense of dwelling; use of force in defense of
property other than a dwelling; use of force by an aggressor; law enforcement officer's use of force in
making arrest; private person's use of force in making arrest; and use of force in resisting arrest, are
hereby incorporated by reference as though set forth fully in this code. (Ord. 83-75 § 2, 1983.)
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CHAPTER 9.03
PROHIBITED CONDUCT
Sections:
9.03.010
9.03.020
Attempt.
Conspiracy.
ANTICIPATORY OFFENSES
9.03.010 Attempt.
(1) An attempt is any overt act toward the perpetration of an offense done by a person who
intends to commit the said offense but fails in the perpetration thereof or is prevented or intercepted
in executing the said offense.
(2) It shall not be a defense to a charge of attempt that the circumstances under which the act
was performed or the means employed or the act itself were such that the commission of the offense
was not possible.
(3) An attempt to commit a Class A Public Offense is a Class B Public Offense. An attempt
to commit a Class B or C Public Offense is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.03.020 Conspiracy.
A.
A conspiracy is an agreement with another person to commit an offense or to assist
to commit an offense. No person may be convicted of a conspiracy unless an overt act in furtherance
of such conspiracy is alleged and proved to have been committed by such person or by a conspirator.
B.
It is immaterial to the criminal liability of a person charged with conspiracy that any
other person with whom the accused person conspired lacked the actual intent to commit the
underlying crime provided that the accused person believed the other person did have the actual
intent to commit the underlying crime.
C.
It shall be a defense to a charge of conspiracy that the accused voluntarily and in
good faith withdrew from the conspiracy, and communicated the fact of such withdrawal to one or
more of the accused person’s co-conspirators, before any overt act in furtherance of the conspiracy
was committed by the accused or by a co-conspirator.
D.
A conspiracy to commit a public offense is a Class C Public Offense. (Ord. 12-38 §
2, 2012; Ord. 07-135 § 5, 2007; Ord. 83-75 § 2, 1983.)
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CHAPTER 9.04
OFFENSES AGAINST PERSONS
Sections:
9.04.010
9.04.020
9.04.030
9.04.035
9.04.040
9.04.050
9.04.060
9.04.070
9.04.080
9.04.090
9.04.100
9.04.110
9.04.115
9.04.120
9.04.130
9.04.140
9.04.150
9.04.160
9.04.170
Assault.
Assault of a Law Enforcement Officer.
Battery.
Domestic Battery.
Battery Against a Law Enforcement Officer.
Unlawful Interference with a Firefighter or Person Who Provides Emergency
Medical Treatment.
Terroristic Threat. (Repealed 2/16/99)
Interference with Parental Custody.
Interference with Custody of Committed Person.
Criminal Restraint.
Mistreatment of a Confined Person.
Extortion.
Violation of Protection from Abuse Order.
Violation of a Protective Order.
Criminal Defamation.
Unlawful Administration of a Substance.
Battery Against a School Employee.
Promoting or Permitting Hazing.
Mistreatment of a Dependent Adult.
9.04.010 Assault. Assault is knowingly placing another person in reasonable apprehension of
immediate bodily harm. Assault is a Class B Public Offense. (Ord. 11-47 § 1, 2011; Ord. 03-78 § 1,
2003; Ord. 93-09 § 3, 1993; Ord. 83-75 § 2, 1983.)
9.04.020 Assault of a Law Enforcement Officer. Assault of a law enforcement officer is an
assault, as defined in Section 9.04.010, committed against a uniformed or properly identified state,
county or city law enforcement officer while such officer is engaged in the performance of his or her
duty. Assault of a law enforcement officer is a Class A Public Offense. (Ord. 03-78 § 2, 2003; Ord.
99-24 § 2, 1999; Ord. 83-75 § 2, 1983.)
9.04.030 Battery. Battery is
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) intentionally causing physical contact with another person when done in a rude, insulting
or angry manner. Battery is a Class A Public Offense. (Ord. 93-09 § 4, 1993; Ord. 83-75 § 2, 1983.)
9.04.035 Domestic Battery.
A.
Domestic battery is:
1.
knowingly or recklessly causing bodily harm by a family or household
member against a family or household member; or
2.
knowingly causing physical contact with a family or household member by a
family or household member when done in a rude, insulting or angry manner.
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B.
1.
Upon a first conviction of a violation of domestic battery, a person shall be
guilty of a Class B violation and sentenced to not less than 48 consecutive hours nor more than six
months’ imprisonment and fined not less than $200, nor more than $500. The court may enter an
order which requires the offender to undergo a domestic violence offender assessment conducted by
a certified batterer intervention program and follow all recommendations made by such program, or
in the alternative, the court may require the offender to enroll in and successfully complete a
domestic violence prevention program or an anger control program.
2.
If, within five years immediately preceding commission of the instant crime,
the offender was convicted of a violation of domestic battery, then upon a second conviction,
such offender shall be guilty of a Class A violation and sentenced to not less than 90 days
nor more than one year’s imprisonment and fined not less than $500 nor more than $1,000.
The five days’ imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours’ imprisonment, provided
such work release program requires such person to return to confinement at the end of each
day in the work release program. The person convicted shall serve at least five consecutive
days’ imprisonment before the person is granted probation, suspension or reduction of
sentence or parole or is otherwise released. As a condition of any grant of probation,
suspension of sentence or parole or of any other release, the person shall be required to
undergo a domestic violence offender assessment conducted by a certified batterer
intervention program and follow all recommendations made by such program, unless
otherwise ordered by the court.
C.
As used in this section:
1.
Family or household member means persons 18 years of age or older who
are spouses, former spouses, parents or stepparents and children or stepchildren and persons
who are presently residing together or who have resided together in the past, and persons
who have a child in common regardless of whether they have been married or who have lived
together at any time. Family or household member also includes a man and woman if the
woman is pregnant and the man is alleged to be the father, regardless of whether they have
been married or have lived together at any time; and
2.
for the purpose of determining whether a conviction is a first or second
conviction in sentencing under this section:
a.
Conviction includes being convicted of a violation of this section or
entering into a diversion or deferred judgment agreement in lieu of further criminal
proceedings on a complaint alleging a violation of this section;
b.
Conviction includes being convicted of a violation of a law of
another state, or an ordinance of any city, or resolution of any county, which
prohibits the acts that this section prohibits or entering into a diversion or deferred
judgment agreement in lieu of further criminal proceedings in a case alleging a
violation of such law, ordinance or resolution;
c.
Only convictions occurring in the immediately preceding five years
shall be taken into account, but the court may consider other prior convictions in
determining the sentence to be imposed within the limits provided for a first or
second offender, whichever is applicable; and
d.
It is irrelevant whether an offense occurred before or after
conviction for a previous offense.
e.
A person may enter into a diversion agreement in lieu of further
criminal proceedings for a violation of this section or an ordinance of any city or
resolution of any county which prohibits the acts that this section prohibits only
twice during any five-year period. (Ord. 12-38 § 3, 2012; Ord. 10-71 § 5, 2010.)
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November 2012
9.04.040 Battery Against a Law Enforcement Officer. Battery against a law enforcement officer is
intentionally causing physical contact with another person when done in a rude, insulting or angry
manner committed against (A) a uniformed or properly identified university or campus police officer
while such officer is engaged in the performance of such officer’s duty; or (B) a uniformed or
properly identified state, county or city law enforcement officer, other than a state correctional
officer or employee, a city or county correctional officer or employee, a juvenile correctional facility
officer or employee or a juvenile detention facility officer or employee, while such officer is engaged
in the performance of such officer’s duty. Battery against a law enforcement officer is a Class A
Public Offense.” (Ord. 06-71 § 1, 2006; Ord. 03-78 § 3, 2003; Ord. 99-24 § 3, 1999; Ord. 83-75 § 2,
1983.)
9.04.050 Unlawful Interference with a Firefighter or a Person Who Provides Emergency
Medical Treatment. Unlawful interference with a firefighter or a person who provides emergency
medical treatment is knowingly and intentionally interfering with, molesting or assaulting, as defined
in Section 9.04.010, any firefighter or a person who provides emergency medical treatment while
engaged in the performance of his or her duties, or knowingly and intentionally obstructing,
interfering with or impeding the efforts of any firefighter or a person who provides emergency
medical treatment while engaged in the performance of his or her duties, or knowingly and
intentionally obstructing, interfering with or impeding the efforts of any firefighter or a person who
provides emergency medical treatment to reach the location of a fire or accident. Unlawful
interference with a firefighter or a person who provides emergency medical treatment is a Class B
Public Offense. (Ord. 03-78 § 4, 2003; Ord. 83-75 § 2, 1983.)
9.04.060 Terroristic Threat. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 83-75 § 2, 1983.)
9.04.070 Interference with Parental Custody.
A. Interference with parental custody is leading, taking, carrying away, decoying or enticing
away any child under the age of sixteen (16) years, with the intent to detain or conceal such child
from its parent, guardian, or other person having the lawful charge of such child.
B. It is not a defense to a prosecution under this section that the accused is a parent entitled
to joint custody of the child either on the basis of a court order or by virtue of the absence of a court
order.
C. Interference with parental custody is a Class A Public Offense if the perpetrator is a
parent entitled to joint custody of the child either on the basis of a court order or by virtue of the
absence of a court order. (Ord. 03-78 § 5, 2003; Ord. 87-149 § 1, 1987; Ord. 83-75 § 2, 1983.)
9.04.080 Interference with Custody of Committed Person. Interference with custody of a
committed person is knowingly taking or enticing any committed person away from the control of his
or her lawful custodian without privilege to do so. A committed person is any person committed
other than by criminal process to any institution or other custodian by any court or other officer or
agency authorized by law to make such commitment. Interference with custody of a committed
person is a Class A Public Offense. (Ord. 03-78 § 6, 2003; Ord. 83-75 § 2, 1983.)
9.04.090 Criminal Restraint.
(1) Criminal restraint is knowingly and without legal authority restraining another so as to
interfere substantially with his or her liberty.
(2) This section shall not apply to acts done in the performance of duty by any law
enforcement officer of the State of Kansas, City of Olathe or the United States of America.
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November 2012
(3) Any merchant, or a merchant’s agent or employee, who has probable cause to believe that
a person has actual possession of and has wrongfully taken, or is about to wrongfully take
merchandise from a mercantile establishment, may detain such person on the premises or in the
immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the
purpose of investigating the circumstances of such possession. Such reasonable detention shall not
constitute an arrest nor criminal restraint. Criminal restraint is a Class A Public Offense. (Ord. 0378 § 7, 2003; Ord. 83-75 § 2, 1983.)
9.04.100 Mistreatment of a Confined Person. Mistreatment of a confined person is the intentional
abuse, neglect or ill-treatment of any person who is detained or confined and who is physically
disabled, or mentally ill or retarded or whose detention or confinement is involuntary, by any law
enforcement officer or by any person in charge of or employed by the owner or operator of any
correctional institution or any public or private hospital or nursing home. Mistreatment of a confined
person is a Class A Public Offense. (Ord. 87-149 § 2, 1987; Ord. 83-75 § 2, 1983.)
9.04.110 Extortion. Extortion is verbally or by written or printed communication and with intent to
extort or gain any thing of value from another or to compel another to do an act against his will:
(a) Accusing or threatening to accuse any person of a crime or conduct which would tend to
degrade and disgrace the person accused; or
(b) Exposing or threatening to expose any fact, report or information concerning any person
which would in any way subject such person to the ridicule or contempt of society, coupled with the
threat that such accusation or exposure will be communicated to a third person or persons unless the
person threatened or some other person pays or delivers to the accuser or some other person
something of value or does some act against his will. Extortion is a Class A Public Offense. (Ord.
83-75 § 2, 1983.)
9.04.115 Violation of Protection from Abuse Order.
A. If a person enters or remains on premises or property violating an order issued pursuant
to K.S.A. Supp. 60-3107(a)(2), and amendments thereto, such violation shall constitute criminal
trespass.
B. If a person abuses, molests or interferes with the privacy or rights of another violating an
order issued pursuant to K.S.A. Supp. 60-3107(a)(1), and amendments thereto, such violation may
constitute assault, battery, or domestic battery and violation of a protective order. (K.S.A. Supp. 603107).
C. Violation of a Protection from Abuse Order is a Class A Public Offense. (Ord. 12-38 §
14, 2012)
9.04.120 Violation of a Protective Order.
A. Violation of a protective order is knowingly or intentionally violating:
1. A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106, or 603107, and amendments thereto;
2. A protective order issued by a court or tribunal of any state or Indian tribe that is
consistent with the provisions of 18 U.S.C. 2265, and amendments thereto;
3. A restraining order issued pursuant to K.S.A. 2012 Supp. 23-2707, K.S.A. 382243, 38-2244 or 38-2255, and amendments thereto, or 60-1607, prior to its transfer;
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September 2013
4. An order issued in this city or state or any other city or state as a condition of
pretrial release, diversion, probation, suspended sentence, post-release supervision or at any
other time during the criminal case that orders the person to refrain from having any direct or
indirect contact with another person or persons; or
5. An order issued in this city or state or any other city or state as a condition of
release after conviction or as a condition of a supersedeas bond pending disposition of an
appeal, that orders the person to refrain from having any direct or indirect contact with
another person or persons; or
6. A protection from stalking order issued pursuant to K.S.A. 2002 Supp. 60-31a05
or K.S.A. 2002 Supp. 60-31a06, and amendments thereto.
B. As used in this section, ‘order’ includes any order issued by a municipal or district court.
C. No protective order, as set forth in this section, shall be construed to prohibit an attorney,
or any person acting on the attorney’s behalf, who is representing the defendant in any civil or
criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of
the civil or criminal proceedings. The attorney, or person acting on the attorney’s behalf, shall be
identified in any such contact.
D. Violation of a protective order is a Class A Public Offense. (Ord. 13-33 § 1, 2013; Ord.
08-111 § 1, 2008; Ord. 07-135 § 6, 2007; Ord. 03-78 § 8, 2003; Ord. 99-24 § 4, 1999; Ord. 93-09 § 5,
1993.)
9.04.130 Criminal Defamation.
(a) Criminal defamation is communicating to a person orally, in writing, or by any other
means, information, knowing the information to be false and with actual malice, tending to expose
another living person to public hatred, contempt or ridicule; tending to deprive such person of the
benefits of public confidence and social acceptance; or tending to degrade and vilify the memory of
one who is dead and to scandalize or provoke surviving relatives and friends.
(b) In all prosecution under this section the truth of the information communicated shall be
admitted as evidence. It shall be a defense to a charge of criminal defamation if it is found that such
matter was true. (K.S.A. 21-4004). Criminal defamation is a Class A Public Offense. (Ord. 99-24 §
5, 1999)
9.04.140 Unlawful Administration of a Substance.
(1) Unlawful administration of a substance is the intentional and knowing administration of
a substance to another person without consent for the purpose of impairing such other person’s
physical or mental ability to appraise or control such person’s conduct.
(2) “Unlawful administration of a substance” means any method of causing the ingestion by
another person of a controlled substance, including gamma hydroxybutyric acid, or any controlled
substance analog, as defined in K.S.A. 65-4101, of gamma hydroxybutyric acid, including gamma
butyrolactone; butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro;
dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide;
gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid
lactone with CAS No. 96-48-0; 1,4 butanediol; butanediol; butane-1,4-diol; 1,4-butylene glycol;
butylene glycol; 1,4-dihydorxybutane; 1,4-tetramethylene glycol; tetramethylene glycol;
tetramethylene 1,4-diol, into any food, beverage or other consumable that the person knows, or
should know, would be consumed by such other person.
(3) This section shall not prohibit administration of any substance described in subsection
(b) for lawful medical or therapeutic treatment.
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September 2013
(4) Unlawful administration of a substance is a Class A Public Offense. (Ord. 03-78 § 9,
2003; Ord. 00-102 § 1, 2000; Ord. 99-24 § 5, 1999.)
9.04.150 Battery Against a School Employee.
A. Battery against a school employee is a battery, as defined in Olathe Municipal Code
Section 9.04.030, and amendments thereto, committed against a school employee in or on any school
property or grounds upon which is located a building or structure used by a unified school district or
an accredited nonpublic school for student instruction or attendance or extracurricular activities of
pupils enrolled in kindergarten or any of the grades one through twelve or at any regularly scheduled
school sponsored activity or event, while such employee is engaged in the performance of such
employee’s duty.
B. Battery against a school employee is a Class A Public Offense.
C. As used in this section, “school employee” means any employee of a unified school
district or an accredited nonpublic school for student instruction or attendance or extracurricular
activities of pupils enrolled in kindergarten or any of the grades one through twelve. (Ord. 03-78 §
10, 2003.)
9.04.160 Promoting or Permitting Hazing.
A. No social or fraternal organization shall promote or permit hazing.
B. Hazing is intentionally, coercing, demanding or encouraging another person to perform as
a condition of membership in a social or fraternal organization, any act which could reasonably be
expected to result in great bodily harm, disfigurement or death or which is done in a manner whereby
great bodily harm, disfigurement or death could be inflicted.
C. Promoting or permitting hazing is a Class B Public Offense. (Ord. 03-78 § 11, 2003.)
9.04.170 Mistreatment of a Dependent Adult.
1. Mistreatment of a dependent adult is knowingly and intentionally committing one or more
of the following acts:
a. Taking unfair advantage of a dependent adult’s physical or financial resources for
another individual’s personal or financial advantage by the use of undue influence, coercion,
harassment, duress, deception, false representation or false pretense by a caretaker or another
person if the aggregate amount of the value of the resources is less than One Thousand
Dollars ($1,000.00); or
b. Omitting or depriving treatment, goods or services by a caretaker or another
person which are necessary to maintain physical or mental health of a dependent adult.
2. No dependent adult is considered to be mistreated for the sole reason that such dependent
adult relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical
treatment in accordance with the tenets and practices of a recognized church or religious
denomination of which such dependent adult is a member or adherent.
3. For purposes of this section: “Dependent adult” means an individual 18 years of age or
older who is unable to protect their own interest. Such term shall include:
a. Any resident of an adult care home including but not limited to those facilities
defined by K.S.A. 39-923 and amendments thereto;
b. Any adult cared for in a private residence;
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c. Any individual kept, cared for, treated, boarded or otherwise accommodated in a
medical care facility;
d. Any individual with mental retardation or a developmental disability receiving
services through a community mental retardation facility or residential facility licensed under
K.S.A. 75-3307b and amendments thereto;
e. Any individual with a developmental disability receiving services provided by a
community service provider as provided in the developmental disability reform act; or
f. Any individual kept, cared for, treated, boarded or otherwise accommodated in a
state psychiatric hospital or state institution for the mentally retarded.
4. Mistreatment of a dependent adult is a Class A Public Offense. (Ord. 06-71 § 2, 2006;
Ord. 03-78 § 12, 2003.)
9.20
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CHAPTER 9.05
SEX OFFENSES
Sections:
9.05.010
9.05.020
9.05.030
9.05.040
9.05.050
9.05.060
9.05.070
9.05.080
9.05.090
9.05.100
9.05.110
Definitions.
Lewd and Lascivious Behavior.
Enticement of a Child. (Repealed 2/16/93)
Indecent Solicitation of a Child. (Repealed 2/16/99)
Sexual Exploitation of a Child. (Repealed 2/16/93)
Prostitution.
Promoting Prostitution.
Patronizing a Prostitute.
Criminal Sodomy.
Sexual Battery.
Soliciting for Immoral Purposes.
9.05.010 Definitions. The following definitions apply in this article unless a different meaning is
plainly required:
(1) “Public place” means any area generally visible to public view, and includes, but is not
limited to, streets, sidewalks, bridges, alleys, plazas, parks, public restrooms, driveways, parking lots,
automobiles (whether moving or not) and buildings open to the general public, including those which
serve food or drink or provide entertainment, and the doorways and entrances to those buildings or
dwellings and the grounds enclosing them.
(2) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male
sex organ, or any object. Any penetration, however slight, is sufficient to constitute sexual
intercourse. "Sexual intercourse" does not include penetration of the female sex organ by a finger or
object in the course of the performance of:
(a) Generally recognized health care practices; or
(b) A body cavity search conducted in accordance with K.S.A. 22-2520 through 222524, and amendments thereto.
(3) "Sodomy" means oral contact or oral penetration of the female genitalia or oral contact
of the male genitalia; anal penetration, however slight, of a male or female by any body part or
object; or oral or anal copulation or sexual intercourse between a person and an animal. "Sodomy"
does not include penetration of the anal opening by a finger or object in the course of the
performance of:
(a) Generally recognized health care practices; or
(b) A body cavity search conducted in accordance with K.S.A. 22-2520 through 222524, and amendments thereto.
(4) "Spouse" means a lawful husband or wife, unless the couple is living apart in separate
residences or either spouse has filed an action for annulment, separate maintenance or divorce or for
relief under the protection from abuse act.
(5) "Unlawful sexual act" means any rape, indecent liberties with a child, criminal sodomy,
lewd and lascivious behavior or sexual battery. (Ord. 03-81 § 1, 2003; Ord. 83-75 § 2, 1983.)
9.05.020 Lewd and Lascivious Behavior.
(1) It shall be unlawful for any person in a public place, or in any other place under
circumstances where such act could be observed by any member of the public, to intentionally:
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(a) Perform an otherwise lawful act of sexual intercourse or sodomy; or
(b) Fondle or caress his or her genitals or the genitals of another person of the same
or opposite sex; or
(c) Expose a sex organ in the presence of a person who has not consented thereto
with intent to arouse or gratify the sexual desires of the offender or another.
(2) Lewd and lascivious behavior is a Class A Public Offense (Ord. 07-135 § 7, 2007; Ord.
03-73 § 1, 1993; Ord. 93-09 § 6, 1993; Ord. 83-75 § 2, 1983.)
9.05.030 Enticement of a Child. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 83-75 § 2, 1983.)
9.05.040 Indecent Solicitation of a Child. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 83-75 §
2, 1983.)
9.05.050 Sexual Exploitation of a Child. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 89-151 §
1, 1990; Ord. 87-149 § 3, 1987; Ord. 83-75 § 2, 1983.)
9.05.060 Prostitution.
(1) Prostitution is performing for hire, or offering or agreeing to perform for hire where there
is an exchange of value, any of the following acts:
(a) Sexual intercourse; or
(b) Sodomy; or
(c) Manual or other bodily contact stimulation of the genitals of any person with the
intent to arouse or gratify the sexual desires of the offender or another.
(2) Prostitution is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.05.070 Promoting Prostitution. Promoting prostitution is:
(a) Establishing, owning, maintaining or managing a house of prostitution, or participating
in the establishment, ownership, maintenance, or management thereof; or
(b) Permitting any place partially or wholly owned or controlled by the defendant to be used
as a house of prostitution; or
(c) Procuring a prostitute for a house of prostitution; or
(d) Inducing another to become a prostitute; or
(e) Soliciting a patron for a prostitute or for a house of prostitution; or
(f) Procuring a prostitute for a patron; or
(g) Procuring transportation or paying for the transportation of, or transporting a person
within the City of Olathe with the intention of assisting or promoting that person’s engaging in
prostitution; or
(h) Being employed to perform any act which is prohibited by this section.
Promoting prostitution is a Class A Public Offense except as provided by K.S.A. 21-3513, as
amended, where promoting prostitution is a felony when the prostitute is under 16 years of age or the
person promoting prostitution has, prior to the commission of the crime, been convicted of promoting
prostitution. (Ord. 99-24 § 6, 1999; Ord. 83-75 § 2, 1983.)
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9.05.080 Patronizing a Prostitute.
(1) Patronizing a prostitute is either:
(a) Knowingly entering or remaining in a house of prostitution with intent to engage
in sexual intercourse, sodomy or any unlawful sexual act with a prostitute, or
(b) Knowingly hiring a prostitute to engage in sexual intercourse, sodomy or any
unlawful sexual act.
(2) Patronizing a prostitute is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.05.090 Criminal Sodomy. Criminal sodomy is sodomy between a person and an animal.
Criminal sodomy is a Class A Public Offense. (Ord. 03-73 § 2, 1993; Ord. 93-09 § 7, 1993; Ord. 8375 § 2, 1983.)
9.05.100 Sexual Battery.
(1) Sexual battery is the intentional touching of the person of another who is sixteen (16) or
more years of age, who is not the spouse of the offender and who does not consent thereto, with the
intent to arouse or satisfy the sexual desires of the offender or another.
(2) Sexual battery is a Class A Public Offense. (Ord. 93-09 § 8, 1993; Ord. 83-75 § 2, 1983.)
9.05.110 Soliciting for Immoral Purposes.
(1) Soliciting for immoral purposes is soliciting any person in a public place to engage in an
act of prostitution, lewd and lascivious behavior or sodomy for hire.
(2) For the purposes of this section, the following terms shall have the meanings respectively
ascribed to them:
(a) "Prostitution" shall have the meaning set out in Section 9.05.060.
(3) Soliciting for immoral purposes is a Class A Public Offense. (Ord. 03-81 § 2, 2003; Ord
89-151 § 2, 1990.)
9.23
November 2012
CHAPTER 9.06
OFFENSES AFFECTING FAMILY RELATIONSHIPS AND CHILDREN
Sections:
9.06.010
9.06.020
9.06.030
9.06.040
9.06.050
9.06.060
9.06.070
9.06.080
9.06.090
Endangering a Child.
Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor.
Furnishing Cereal Malt Beverage to a Minor (Repealed 10/21/03).
Contributing to a Child's Misconduct or Deprivation.
Tattoos and Body Piercing.
Purchase or Possession of Cigarettes, Liquid Nicotine or Tobacco Products by a
Minor.
Selling, Giving or Furnishing Cigarettes or Liquid Nicotine Tobacco Products to a
Minor.
Purchase or Consumption of Alcoholic or Cereal Malt Beverage by Minor; Penalty.
Unlawful Hosting
9.06.010 Endangering a Child.
(1) Endangering a child is intentionally and unreasonably causing or permitting a child
under the age of eighteen (18) years to be placed in a situation in which the child's life, body or
health may be injured or endangered.
(2) Nothing in this section shall be construed to mean a child is endangered for the sole
reason the child's parent or guardian, in good faith, selects and depends upon spiritual means alone
through prayer, in accordance with the tenets and practice of a recognized church or religious
denomination, for the treatment or cure of disease or remedial care of such child.
(3) Endangering a child is a Class A Public Offense. (Ord. 03-90 § 1, 2003; Ord. 93-09 § 9,
1993; Ord. 83-75 § 2, 1983.)
9.06.020 Furnishing Alcoholic Liquor or Cereal Malt Beverage to a Minor.
A. Furnishing alcoholic liquor or cereal malt beverage to a minor is directly or indirectly,
selling to, buying for, giving or furnishing any alcoholic liquor or cereal malt beverage to any person
under 21 years of age.
B. Except as provided by subsections D and E, furnishing alcoholic liquor or cereal malt
beverage to any person under 21 years of age is a Class A Public Offense for which the minimum
fine is:
1. Upon a first violation, a fine of Two Hundred Fifty Dollars ($250.00);
2. Upon a second violation, within a three (3) year period, a fine of Five Hundred
Dollars ($500.00);
3. Upon a third violation, within a three (3) year period, a fine of Seven Hundred
Fifty Dollars ($750.00), and
4. Upon a fourth violation, within a three (3) year period, a fine of One Thousand
Dollars ($1,000.00) and revocation of City license.
C. As used in this section, terms have the meanings provided by K.S.A. 41-102, 41-2601 and
41-2701, and amendments thereto.
D. It shall be a defense to a prosecution under this section if:
1. The defendant is a licensed retailer, club, drinking establishment or caterer or
holds a temporary permit, or an employee thereof; and
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May 2013
2. The defendant sold the alcoholic liquor or cereal malt beverage to the minor with
reasonable cause to believe that the minor was 21 or more years of age or of legal age for the
consumption of alcoholic liquor or cereal malt beverage; and
3. To purchase the alcoholic liquor or cereal malt beverage, the person exhibited to
the defendant a driver’s license, Kansas nondriver’s identification card or other official or apparently
official document, containing a photograph of the minor and purporting to establish that such minor
was 21 or more years of age or of legal age for the consumption of alcoholic liquor or cereal malt
beverage. (K.S.A. 21-3610).
E. This section shall not apply to the furnishing of cereal malt beverage by a parent or legal
guardian to such parent’s child or such guardian’s ward. (Ord. 13-08 § 2, 2013; Ord. 10-52 § 1,
2010; Ord. 03-90 § 2, 2003; Ord. 99-24 § 7, 1999; Ord. 93-09 § 10, 1993; Ord. 88-123 § 1, 1988;
Ord. 83-75 § 2, 1983.)
9.06.030 Furnishing Cereal Malt Beverage to a Minor. Repealed 10/21/2003. (Ord. 03-90 § 6,
1999; Ord. 99-24 § 8, 1999; Ord. 93-09 § 11, 1993.)
9.06.040 Contributing to a Child’s Misconduct or Deprivation.
(1) Contributing to a child’s misconduct or deprivation is:
(a) Causing or encouraging a child under eighteen (18) years of age to become or
remain a child in need of care as defined by the Kansas code for care of children;
(b) Causing or encouraging a child under eighteen (18) years of age to commit a
traffic infraction or an act which, if committed by an adult, would be a misdemeanor or
public offense, or to violate the provisions of K.S.A. 41-727 or subsection (j) of K.S.A. 748810 and amendments thereto;
(c) Failure to reveal, upon inquiry by a uniformed or properly identified law
enforcement officer engaged in the performance of such officer’s duty, any information one
has regarding a runaway, with intent to aid the runaway in avoiding detection or
apprehension.
(d) Causing or encouraging a child to violate the terms or conditions of the child’s
probation or conditional release pursuant to subsection (a) (1) of K.S.A. 38-1663, and
amendments thereto. (K.S.A. 21-3612, as amended).
(2) A person may be found guilty of contributing to a child’s misconduct or deprivation even
though no prosecution of the child whose misconduct or deprivation the defendant caused or
encouraged has been commenced in municipal or district court.
(3) As used in this section, ‘runaway’ means a child under eighteen (18) years of age who is
willfully and voluntarily absent from:
(a) The child’s home without the consent of the child’s parent or other custodian;
(b) A court ordered or designated placement, or a placement pursuant to court order,
if the absence is without the consent of the person with whom the child is placed or, if the
child is placed in a facility, without the consent of the person in charge of such facility or
such person’s designee.
(4) Contributing to a child’s misconduct or deprivation is a Class A Public Offense. (Ord.
03-90 § 3, 2003; Ord. 99-24 § 9, 1999; Ord. 93-09 § 12, 1993; Ord. 83-75 § 2, 1983.)
9.06.050 Tattoos and Body Piercing.
(1) No person shall perform body piercing or tattooing on or to any person under 18 years of
age without prior written and notarized consent of the parent or court appointed guardian of such
person and the person giving such consent must be present during the body piercing or tattooing
procedure. The written permission and a copy of the letters of guardianship when such permission is
given or granted by a guardian, shall be retained by the person administering such body piercing or
tattooing for a period of five years.
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May 2013
(2) No person, including a permanent color technician and tattoo artist, shall perform
tattooing, display a sign or in any other way advertise or purport to be a permanent color technician
and tattoo artist unless that person holds a valid license issued by the Kansas State Board of
Cosmetology. No person shall perform body piercing, display a sign or in any other way advertise or
purport to be in the business of body piercing unless that person holds a valid license issued by the
Kansas State Board of Cosmetology.
This act does not prevent or affect the use of tattooing, permanent color technology or body
piercing by a physician, a person under the control and supervision of a physician, a licensed dentist,
a person under the control and supervision of a licensed dentist, an individual performing tattooing,
permanent color technology or body piercing solely on such individual’s body or any other person
specifically permitted to use electrolysis or tattooing by law.
(3) Definitions as used in this section, unless the context otherwise requires:
(a) “Body Piercing” means puncturing the skin of a person by aid of needles or other
instruments designed or used to puncture the skin for the purpose of inserting jewelry or
other objects in or through the human body, except puncturing the external part of the human
ear shall not be included in this definition.
(b) “Tattoo” means the indelible mar, figure or decorative design introduced by
insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin
upon the body of a live human being.
(c) “Tattooing” means the process by which the skin is marked or colored by
insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so
as to form indelible marks for cosmetic or figurative purposes.
(4) A violation of this section is a Class A Public Offense. (Ord. 07-135 § 8, 2007; Ord. 05103 § 1, 2005; Ord. 99-24 § 10, 1999; Ord. 96-24 § 1, 1996).
9.06.060 Purchase or Possession of Cigarettes, Liquid Nicotine or Tobacco Products by a
Minor.
A.
It shall be unlawful for any person who is under eighteen (18) years of age to:
1.
Purchase or attempt to purchase cigarettes, electronic cigarettes, liquid
nicotine or tobacco products; or
2.
Possess or attempt to possess cigarettes, electronic cigarettes, liquid nicotine
or tobacco products (K.S.A. 79-3321, as amended).
B.
For the purposes of this Section, the terms are defined in K.S.A. 79-3301 and
amendments thereto, except liquid nicotine which is the active ingredient of the tobacco plant
(nicotine) in liquefied form suitable for the induction of nicotine, whether by nasal spray, ingestion,
smoking or other means, into the human body.
C.
Violation of this Section shall be an ordinance cigarette or tobacco infraction for
which the fine shall be Twenty-five Dollars ($25.00). In addition, the judge may require the juvenile
to appear in court with a parent or a legal guardian. (Ord. 12-38 § 4, 2012; Ord. 99-24 § 11, 1999;
Ord. 96-82 § 1, 1996.)
9.06.070 Selling, Giving or Furnishing Cigarettes or Liquid Nicotine Tobacco Products to a
Minor.
A.
It shall be unlawful for any person, directly or indirectly, to:
1.
Sell, give or furnish any cigarettes, electronic cigarettes, liquid nicotine or
tobacco products to any person under the age of eighteen (18) years of age; or
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November 2012
2.
Buy any cigarettes, electronic cigarettes, liquid nicotine or tobacco products
for any person under eighteen (18) years of age.
B.
It shall be a defense to a prosecution under this subsection if:
1.
The defendant is a licensed retail dealer or employee thereof, or a person
authorized by law to distribute samples; and
2.
The defendant sold, furnished or distributed the cigarettes, electronic
cigarettes, liquid nicotine or tobacco products to the person under eighteen (18) years of age
with reasonable cause to believe the person was of legal age to purchase or receive
cigarettes, electronic cigarettes, liquid nicotine or tobacco products; and
3.
To purchase or receive the cigarettes, electronic cigarettes, liquid nicotine or
tobacco products, the person under eighteen (18) years of age exhibited to the defendant a
driver’s license, Kansas non-driver’s identification card or other official or apparently
official document containing a photograph of the person and purporting to establish that the
person was of legal age to purchase or receive cigarettes, electronic cigarettes, liquid nicotine
or tobacco products.
C.
It shall be a defense to a prosecution under this subsection if:
1.
The defendant engages in the lawful sale, furnishing or distribution of
cigarettes, electronic cigarettes, liquid nicotine or tobacco products by mail; and
2.
The defendant sold, furnished or distributed the cigarettes, electronic
cigarettes, liquid nicotine or tobacco products to the person by mail only after the person had
provided to the defendant an unsworn declaration, conforming to K.S.A. 53-601, and
amendments thereto, that the person was 18 or more years of age. (K.S.A. 79-3322, as
amended).
D.
For the purposes of this Section, the terms are defined in K.S.A. 79-3301, and
amendments thereto, except liquid nicotine which is the active ingredient of the tobacco plant
(nicotine) in liquefied form suitable for the induction of nicotine, whether by nasal spray, ingestion,
smoking or other means, into the human body.
E.
Violations of this Section shall constitute a Class B public offense punishable by a
minimum fine of Two Hundred Dollars ($200.00). The court shall order the offender to complete a
training program, approved by the Secretary of Revenue or the Secretary’s designee, in avoiding sale,
furnishing or distribution of cigarettes, electronic cigarettes, and tobacco products to persons less
than eighteen (18) years of age. (Ord. 12-38 § 5, 2012; Ord. 03-90 § 4, 2003; Ord. 99-24 § 12, 1999;
Ord. 96-82 § 2, 1996)
9.06.080 Purchase or Consumption of Alcoholic or Cereal Malt Beverage by Minor; Penalty.
A. Except with regard to serving of alcoholic liquor or cereal malt beverage as permitted by
K.S.A. 41-308a, 41-308b, 41-727a, 41-2610, 41-2652, 41-2704 or 41-2727, and amendments thereto,
and subject to any rules and regulations adopted pursuant to such statutes, no person under 21 years
of age shall possess, consume, obtain, purchase or attempt to obtain or purchase alcoholic liquor or
cereal malt beverage except as authorized by law.
B. Upon a conviction, plea of no contest, or guilty plea for violation of this section by a
person 18 or more years of age but less than 21 years of age, the municipal judge shall order such
person to submit to and complete an alcohol and drug evaluation by a community based alcohol and
drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a
fee not to exceed the fee established by that statute for such evaluation. If the judge finds that person
is indigent, the fee may be waived.
C. In addition to or in lieu of any other penalty provided for a violation of this section:
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November 2012
(1) The court may order the offender to do either or both of the following:
(a) Perform 40 hours of public service; or
(b) Attend and satisfactorily complete a suitable educational or training
program dealing with the effects of alcohol or other chemical substances when
ingested by humans.
(2) Upon a first conviction of a violation of this section, the court shall order the
division of vehicles to suspend the driving privilege of such offender for thirty (30) days.
Upon receipt of the court order, the division shall notify the violator and suspend the driving
privileges of the violator for 30 days whether or not that person has a driver’s license.
(3) Upon a second conviction of a violation of this section, the court shall order the
division of vehicles to suspend the driving privilege of such offender for ninety (90) days.
Upon receipt of the court order, the division shall notify the violator and suspend the driving
privileges of the violator for ninety (90) days whether or not that person has a driver’s
license.
(4) Upon a third or subsequent conviction of a violation of this section, the court
shall order the division of vehicles to suspend the driving privilege of such offender for one
(1) year. Upon receipt of the court order, the division shall notify the violator and suspend
the driving privileges of the violator for one (1) year whether or not that person has a driver’s
license.
D. This section shall not apply to the possession and consumption of cereal malt beverage by
a person under the legal age for consumption of cereal malt beverage when such possession and
consumption is permitted and supervised, and such beverage is furnished, by the person’s parent or
legal guardian.
E. Violation of this section by a person 18 or more years of age but less than 21 years of age
is a Class C Public Offense for which the minimum fine is $200. (Ord. 04-85 § 1, 2004; Ord. 03-90 §
5, 2003)
9.06.090 Unlawful Hosting.
A.
It shall be unlawful to host minors consuming alcoholic liquor or cereal malt
beverages by intentionally or recklessly permitting a person’s residence or any land, building,
structure or room owned, occupied or procured by such person to be used by an invitee of such
person or an invitee of such person’s child or ward, in a manner that results in the possession or
consumption therein of alcoholic liquor or cereal malt beverages by a minor.
B.
The provisions of this section shall not be deemed to create any civil liability for any
lodging establishment, as defined in K.S.A. 36-501, and amendments thereto. (K.S.A. 21-3610c, as
amended)
C.
Unlawfully hosting minors consuming alcoholic liquor or cereal malt beverage is a
Class A Public Offense, for which the minimum fine is One Thousand Dollars ($1,000.00). If the
court sentences the offender to perform community or public service work as a condition of
probation as described in K.S.A. 21-4610 (c) (10), and amendments thereto, the court shall consider
ordering the offender to serve the community or public service at an alcohol treatment facility.
D.
As used in this section, terms have the meanings provided by K.S.A. 41-102, and
amendments thereto, except for the purposes of this section, “minor” means a person under the age of
twenty-one (21) years of age. (Ord. 09-59 § 2, 2009;Ord. 07-135 § 9, 2007; Ord. 06-71 § 3, 2006;
Ord. 04-85 § 3, 2004)
9.28
November 2012
CHAPTER 9.07
OFFENSES AGAINST PROPERTY
Sections:
9.07.010
9.07.020
9.07.030
9.07.040
9.07.050
9.07.060
9.07.070
9.07.080
9.07.090
9.07.095
9.07.100
9.07.110
9.07.120
9.07.130
9.07.140
9.07.150
9.07.160
9.07.170
9.07.180
9.07.190
9.07.200
9.07.210
9.07.220
9.07.230
9.07.240
9.07.250
9.07.260
9.07.270
9.07.280
9.07.290
9.07.300
9.07.310
9.07.320
9.07.330
9.07.340
9.07.350
Theft.
Prima Facie Evidence of Intent to Permanently Deprive Owner or Lessor of
Possession, Use or Benefit of Property.
Theft of Lost or Mislaid Property.
Theft of Services.
Defrauding an Innkeeper.
Criminal Deprivation of Property.
Fraudulently Obtaining Execution of a Document.
Criminal Damage to Property.
Criminal Trespass.
Trespass on Railroad Property.
Prowling.
Unauthorized Presence.
Trespassing for Purpose of Parking Vehicle.
Littering.
Tampering with a Landmark.
Tampering with a Traffic Signal.
Unlawful Hunting.
Criminal Use of a Financial Card.
Unlawful Manufacture or Disposal of False Tokens.
Criminal Use of a Noxious Matter.
Automobile Master Key Violation.
Posting of Advertisements.
Opening, Damaging or Removing Coin-operated Machines.
Possession of Tools for Opening, Damaging or Removing Coin-operated Machines.
Unlawful Throwing of Objects.
Theft of Cable Television Services.
Tampering with Utility Equipment or Service.
Unauthorized Presence on City Property.
Unlawful Juvenile Activity.
Computer Trespass/Computer Password Disclosure.
Counterfeiting.
Failing to Pay for Motor Fuel; Penalties.
Withholding Possession of Public Property.
Personal Conduct Limitations and Animal Restrictions on Public Grounds.
Unlawfully Selling Scrap Metal.
Unlawfully Buying Scrap Metal.
9.07.010 Theft. Theft is any of the following acts done with the intent to deprive the owner
permanently of the possession, use or benefit of the owner's property or services:
A.
Obtaining or exerting unauthorized control over property or services; or
B.
Obtaining by deception control over property or services; or
C.
Obtaining by threat control over property or services; or
D.
Obtaining control over stolen property or services knowing the property or services
to have been stolen by another; or
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November 2012
E.
Knowingly dispensing motor fuel into a storage container or the fuel tank of a motor
vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of
the establishment without making payment for the motor fuel.
Theft of property of the value of less than $1,000 is a Class A Public Offense except: (a) when the
person has been convicted of theft two or more times; or (b) theft of property regardless of the value
from three (3) separate mercantile establishments within a period of seventy-two (72) hours as part of
the same act or transaction or in two or more acts or transactions connected together or constituting
parts of a common scheme or course of conduct, in which case it is a felony under state statues.
Nothing herein shall prohibit the removal in a lawful manner, by towing or otherwise, of personal
property unlawfully placed or left upon real property.
Conviction of a violation of a municipal ordinance prohibiting acts which constitute theft as defined
by this section shall be considered a conviction of theft for the purpose of determining the number of
proper convictions and the classification of the crime under this section. (Ord. 11-47 § 2, 2011; Ord.
07-135 § 10, 2007; Ord. 04-109 § 1, 2004; Ord. 88-123 § 3, 1988; Ord. 83-75 § 2, 1983.)
9.07.020 Prima Facie Evidence of Intent to Permanently Deprive Owner or Lessor of
Possession, Use or Benefit of Property.
(1) In any prosecution under this Public Offense Code, the following shall be prima
facie evidence of intent to permanently deprive the owner or lessor of property of the
possession, use or benefit thereof:
(a) The giving of a false identification or fictitious name, address or place of
employment at the time of obtaining control over the property;
(b) The failure of a person who leases or rents personal property to return the
same within ten (10) days after the date set forth in the lease or rental agreement for
the return of said property, or within ten (10) days of any written extension of such
lease or rental agreement, if notice is given to the person renting or leasing said
property to return said property within seven (7) days after receipt of said notice, in
which case the subsequent return of said property within the seven day period shall
exempt such transaction from consideration as prima facie evidence as provided in
this section;
(c) Destroying, breaking or opening a lock chain, key switch, enclosure or
other device used to secure the property in order to obtain control over the property;
(d) Destruction of or substantially damaging or altering the property so as to
make the property unusable or unrecognizable in order to obtain control over the
property.
(e) The failure of a person who leases or rents, from a commercial renter, a
motor vehicle to return the same within three (3) days after the date set forth in the
written agreement that provides for the return of the motor vehicle to a particular
place at a particular time, or within three (3) days of any written extension of such
written lease or rental agreement; provided written notice is given to the person
renting or leasing said motor vehicle to return said property within three (3) days
after receipt of said notice or statement of refusal to return said motor vehicle.
In addition, if such vehicle has not been returned after demand, the lessor
may notify the Olathe Police Department of the failure of the lessee to return such
motor vehicle and the Olathe Police Department shall cause such motor vehicle to be
put into any appropriate state and local computer system listing stolen motor
vehicles; or
(f) The failure of a person who is provided with a use of a vehicle by the
owner of the vehicle to return it to the owner pursuant to a written instruction
specifying:
(A) The time and place to return the vehicle; and
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November 2012
(B) that failure to comply may be prosecuted as theft, and such
instructions are delivered to the person by the owner at the time the person is
provided with possession of the vehicle. In addition, if such vehicle has not
been returned pursuant to the specifications in such instructions, the owner
may notify the Olathe Police Department of the failure of the person to
return such motor vehicle and the Olathe Police Department shall cause such
motor vehicle to be put into any appropriate state and local computer system
listing stolen motor vehicles.
(2) In any prosecution, under this Public Offense Code in which the object of the
alleged theft is a book or other material borrowed from a library, it shall be prima facie
evidence of intent to permanently deprive the owner of the possession, use or benefit thereof
if the defendant failed to return such book or material within thirty (30) days after receiving
notice from the library requesting its return, in which case the subsequent return of the book
or material within the thirty (30) day period shall exempt such transaction from consideration
as prima facie evidence as provided in this section.
(3) The word “notice” as used herein shall be construed to mean notice in writing and such
notice in writing will be presumed to have been given three (3) days following deposit of notice as
registered or certified matter in the United States mail, addressed to such person who has leased or
rented the personal property or borrowed the library material at the address as it appears in the
information supplied by such person at the time of such leasing or renting or borrowing, or such
person’s last known address. (Ord. 08-111 § 2, 2008; Ord. 99-24 § 13, 1999; Ord. 87-149 § 4, 1987;
Ord. 83-75 § 2, 1983.)”
9.07.030 Theft of Lost or Mislaid Property. Theft of lost or mislaid property is failure to take
reasonable measures to restore lost or mislaid property to the owner by a person who has obtained
control of such property who knows or learns the identity of the owner thereof, and who intends to
deprive the owner permanently of the possession, use or benefit of the property.
Theft of lost or mislaid property is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.040 Theft of Services.
(1) Theft of services is obtaining services from another by deception, threat, coercion,
stealth, mechanical tempering or use of false token or device.
(2) ‘Services’ within the meaning of this section, includes, but is not limited to, labor,
professional service, cable television service, public or municipal utility or transportation service,
telephone service, lodging, entertainment and the supplying of equipment for use.
(3) ‘Tampering’ within the meaning of this section includes but is not limited to:
(a) Making a connection of any wire, conduit or device, to any service or
transportation line owned by a public or municipal utility, or by a cable television provider;
(b) Defacing, puncturing, removing, reversing or altering any meter or any
connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas,
telephone service or cable television services;
(c) Preventing any such meters from properly measuring or registering;
(d) Knowingly taking, receiving, using or converting to such person’s own use, or
the use of another, any electricity, or natural gas, which has not been measured; or any
telephone or cable television service which has not been authorized; or
(e) Causing, procuring, permitting, aiding or abetting any person to do any of the
preceding acts.
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November 2012
(4) In any prosecution under this section, the existence of any of the connections of meters,
alterations or use of unauthorized or unmeasured electricity, natural gas, telephone service or cable
television service specified in subsection (3), shall be prima facie evidence of intent to violate the
provisions of this section by the person or persons using or receiving the direct benefits from the use
of the electricity, natural gas, telephone service or cable television service passing through such
connections or meters, or using the electricity, natural gas, telephone service or cable television
service which has not been authorized or measured. Theft of services of the value of less than One
Thousand Dollars ($1,000.00) is a Class A Public Offense. (Ord. 04-109 § 2, 2004; Ord. 03-117 § 1,
2003; Ord. 99-24 § 14, 1999; Ord. 88-123 § 4, 1988; Ord. 83-75 § 2, 1983.)
9.07.050 Defrauding an Innkeeper.
(1) Defrauding an innkeeper is obtaining any food, lodging, or other accommodation at any
inn, restaurant, hotel, boarding house, apartment house, dwelling unit or rooming house by means of
any trick, deception or false representation, statement or pretense, with intent to defraud the owner or
keeper thereof.
(2) As used in this section, "Dwelling Unit" means a structure or a part of a structure that is
used as a home, residence or sleeping place by one person who maintains a household or by two or
more persons who maintain a common household.
(3) The following shall be prima facie evidence of the intent to defraud an owner or
innkeeper as provided in this section:
(a) Obtaining lodging, food or other accommodations by false pretense or by false or
fictitious show or pretense of any baggage or other property;
(b) Paying for such food, lodging or other accommodation by a check or other
negotiable paper on which payment had been refused;
(c) Leaving the inn, restaurant, hotel, boarding house, apartment house, dwelling
unit or rooming house without paying or offering to pay for such food, lodging or other
accommodation;
(d) Surreptitiously removing or attempting to remove baggage or other property;
(e) Registering under a fictitious name.
Defrauding an innkeeper of the value of less than Five Hundred Dollars ($500.00) is a Class
A Public Offense. (Ord. 03-117 § 2, 2003; Ord. 87-149 § 5, 1988; Ord. 83-75 § 2, 1983.)
9.07.060 Criminal Deprivation of Property.
(1) Criminal deprivation of property is obtaining or exerting unauthorized control
over property, with intent to deprive the owner of the temporary use thereof, without the
owner’s consent but not with the intent of depriving the owner permanently of the
possession, use or benefit of such owner’s property.
(2) Criminal deprivation of property that is a motor vehicle, as defined in K.S.A. 81437 and amendments thereto, upon a first or second conviction is a class A public offense.
Upon a first conviction of this subsection, a person shall be sentenced to not less than thirty
(30) days nor more than one (1) year’s imprisonment and fined not less than One Hundred
Dollars ($100). Upon a second or subsequent conviction of this subsection, a person shall be
sentenced to not less than sixty (60) days nor more than one year’s imprisonment and fined
not less than Two Hundred Dollars ($200). The person convicted shall not be eligible for
release on probation, suspension or reduction of sentence or parole until the person has
served the minimum mandatory sentence as provided herein. The mandatory provisions of
this subsection shall not apply to any person where such application would result in a
manifest injustice.
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(3) Criminal deprivation of property other than a motor vehicle, as defined in K.S.A. 8-1437,
and amendments thereto, is a class A public offense. Upon a second or subsequent conviction of this
subsection, a person shall be sentenced to not less than thirty (30) days imprisonment and fined not
less than $100, except that the provisions of this subsection relating to a second or subsequent
conviction shall not apply to any person where such application would result in a manifest injustice.
(Ord. 08-111 § 3, 2008; Ord. 00-45 § 1, 2000; Ord. 93-09 § 13, 1993; Ord. 83-75 § 2, 1983.)
9.07.070 Fraudulently Obtaining Execution of a Document. Fraudulently obtaining execution of
a document is causing another, by deception or threat, to execute a document disposing of property
or a document by which a pecuniary obligation is incurred. Fraudulently obtaining execution of a
document is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.080 Criminal Damage to Property.
(1) Criminal damage to property is, by means other than by fire or explosive:
(a) Intentionally injuring, damaging, mutilating, defacing, destroying, or
substantially impairing the use of any property in which another has an interest without the
consent of such other person; or
(b) Injuring, damaging, mutilating, defacing, destroying, or substantially impairing
the use of any property with intent to injure or defraud an insurer or lien-holder.
(2) Criminal damage to property is a Class A Public Offense if the property damaged is of
the value of less than One Thousand Dollars ($1,000.00) or is of the value of One Thousand Dollars
($1,000.00) or more and is damaged to the extent of One Thousand Dollars ($1,000.00) or less.
(Ord. 06-71 § 4, 2006; Ord. 99-24 § 15, 1999; Ord. 83-75 § 2, 1983.)
9.07.090 Criminal Trespass.
A.
Criminal trespass is:
1. Entering or remaining upon or in any land, non-navigable body of water,
structure, vehicle, aircraft or watercraft other than railroad property as defined in 9.07.095 by
a person with knowledge that such person is not authorized or privileged to do so, and:
a. Such person enters or remains therein in defiance of an order not to enter
or to leave such premises or property personally communicated to such person by the
owner thereof or other authorized person; or
b. Such premises or property are posted as provided in K.S.A. 32-1013, and
amendments thereto, or in any other manner reasonably likely to come to the
attention of intruders, or are locked or fenced or otherwise enclosed, or shut or
secured against passage or entry; or
c. Such person enters or remains therein in defiance of a restraining order
issued pursuant to K.S.A. 2002 Supp. 60-31a05, K.S.A. 2002 Supp. 60-31a06,
K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-1542, 38-1543 or 381563, and amendments thereto, 9.04.120 of the Olathe Municipal Code, or a court of
competent jurisdiction and the restraining order has been personally served upon the
person so restrained; or
2. Entering or remaining upon or in any public or private land or structure in a
manner that interferes with access to or from any health care facility by a person who knows
such person is not authorized or privileged to do so and such person enters or remains
thereon or therein in defiance of an order not to enter or to leave such land or structure
personally communicated to such person by the owner of the health care facility or other
authorized person.
B.
As used in this section:
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1. “Health care facility” means any licensed medical care facility, certificated health
maintenance organization, licensed mental health center, or mental health clinic, licensed
psychiatric hospital or other facility or office where services of a health care provider are
provided directly to patients.
2. “Health care provider” means any person:
a. Licensed to practice a branch of the health arts;
b. licensed to practice psychology;
c. licensed to practice professional or practical nursing;
d. licensed to practice dentistry;
e. licensed to practice optometry;
f. licensed to practice pharmacy;
g. registered to practice podiatry;
h. licensed as a social worker; or
i. registered to practice physical therapy.
C.
1. Criminal trespass is a Class B Public Offense.
2. Upon a conviction of a violation of subsection A 1 c, a person shall be sentenced
to not less than 48 consecutive hours of imprisonment which must be served either before or
as a condition of any grant of probation or suspension, reduction of sentence or parole. (Ord.
13-33 § 2, 2013; Ord. 03-117 § 3, 2003; Ord. 99-24 § 16, 1999; Ord. 93-09 § 14, 1993; Ord.
83-75 § 2, 1983.)
9.07.095 Trespass on Railroad Property.
(a) It shall be unlawful for any person to:
(1) Without consent of the owner or the owner’s agent, enter or remain on railroad
property, knowing that it is railroad property; or
(2) Maliciously or wantonly cause in any manner the derailment of a train, railroad
car or rail-mounted work equipment.
(b) Subsection (a) shall not be construed to interfere with the lawful use of a public or
private crossing.
(c) Nothing in this section shall be construed as limiting a representative or member of a
labor organization which represents or is seeking to represent the employees of the railroad, from
conducting such business as provided under the Railway Labor Act (45 U.S.C. 151, et seq.) and other
federal labor laws.
(d) As used in this section “railroad property” includes, but is not limited to, any train,
locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock, work equipment,
safety device, switch, electronic signal, microwave communication equipment, connection, railroad
track, rail, bridge, trestle, right-of-way or other property that is owned, leased, operated or possessed
by a railroad company. Violation of this subsection is a Class A Public Offense. (Ord. 99-24 § 17,
1999)
9.07.100 Prowling. Prowling is willfully entering upon property owned or occupied by another
with the intent of observing, looking or peeping into any window, door, skylight, or other opening in
a house, room or building, or to remain in a public street, alley, parking lot or other parking place
with the intent of wrongfully observing the actions of occupants of any such house, room, building or
structure occupying an area where one would reasonably expect privacy and safety from uninvited
intrusion or surveillance. Prowling is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.110 Unauthorized Presence. Unauthorized presence is entering or remaining upon or in any
public parking area, lot or business premises in violation of restrictions upon access plainly posted, in
a manner reasonably likely to come to the attention of the public, indicating restricted business hours,
restrictions upon public presence, intrusion, permissible activity or other limitations upon public
access to the posted area or premises. Unauthorized presence is an unclassified Public Offense.
(Ord. 83-75 § 2, 1983.)
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9.07.120 Trespassing for Purpose of Parking Vehicle. Trespassing for the purpose of parking a
vehicle is the going upon the property owned or occupied by another person for the purpose of
parking any vehicle upon such property, without the authority to enter upon the premises.
Trespassing for the purpose of parking a vehicle is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.130 Littering. Littering is intentionally or recklessly depositing or causing to be deposited any
object or substance into, upon or about:
(a) Any public street, highway, alley, road, right of way, park or other public place, except
by direction of some public officer or employee authorized by law to direct or permit such acts;
(b) Any private or public lake, river, stream, ditch, watercourse, retention or detention basin
or other body of water that regularly or periodically carries surface water; or
(c) Any private property without the consent of the owner or occupant of such property.
Littering is a Class C Public Offense. (Ord. 03-117 § 4, 2003; Ord. 93-56 § 1, 1993; Ord. 83-75 § 2,
1983.)
9.07.140 Tampering with a Landmark. Tampering with a landmark is willfully and maliciously:
(1) Removing any monument of stone or other durable material, established or created for the
purpose of designating the corner of or any other point upon the boundary of any lot or tract of land,
or of the state, or any legal subdivision thereof; or
(2) defacing or altering marks upon any tree, post or other monument, made for the purpose
of designating any point on such boundary; or
(3) cutting down or removing any tree, post or other monument upon which any such marks
shall be made for such purpose, with intent to destroy such marks; or
(4) breaking, destroying, removing or defacing any mile post, mile stone or guide board
erected by authority of law on any public highway or road; or
(5) defacing or altering any inscription on any such marker or monument; or
(6) altering, removing, damaging or destroying any public land survey corner or accessory
without complying with the provisions of K.S.A. 58-2011. (Ord. 93-09 § 15, 1993; (Ord. 83-75 § 2,
1983.)
9.07.150 Tampering with a Traffic Signal. Tampering with a traffic signal is intentionally
manipulating, altering, destroying or removing any light, sign, marker, railroad switching device or
other signal device erected or installed for the purpose of controlling or directing the movement of
motor vehicles, railroad trains, aircraft or watercraft. Tampering with a traffic signal is a Class B
Public Offense. (Ord. 03-117 § 5, 2003; Ord. 83-75 § 2, 1983.)
9.07.160 Unlawful Hunting.
(a) It shall be unlawful for any person to fish, shoot, hunt or pursue any bird or animal
within the City of Olathe unless that person:
(1) Is in possession of either a valid Kansas hunting license or other permit
authorizing the taking of wildlife or a valid Kansas and City of Olathe fishing license; and
(2) Is hunting or fishing on land that is primarily rural or devoted to agricultural use
or fishing on City of Olathe lakes designated for fishing; and
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(3) For private lands is in possession of the written permission of the landowner
where the hunting or fishing is occurring; and
(4) When on land that contains less than forty (40) acres has in their possession the
written permission of all landowners or persons in possession of land contiguous to the land
where the hunting is occurring.
(b) It shall be unlawful for any person, unless authorized by special permit issued by the
State of Kansas to hunt with a firearm having a bore diameter greater than .22 caliber, provided slugs
in shotguns are permitted on land of more than 100 acres. Unlawful hunting is a Class C Public
Offense. (Ord. 99-24 § 18, 1999; Ord. 83-75 § 2, 1983.)
9.07.170 Criminal Use of a Financial Card.
(1) Criminal use of a financial card is any of the following acts done with intent to defraud
and for the purpose of obtaining money, goods, property, services or communication services, other
than the telecommunication services as defined by K.S.A. 21-3745 and amendments thereto:
(a) Using a financial card without the consent of the cardholder; or
(b) knowingly using a financial card, or the number or description thereof, which has
been revoked or canceled; or
(c) using a falsified, mutilated, altered or nonexistent financial card or a number or
description thereof.
(2) For the purposes of this section:
(a) "Financial card" means an identification card, plate, instrument, device or number
issued by a business organization authorizing the cardholder to purchase, lease or otherwise
obtain money, goods, property, services or communication services or to conduct other
financial transactions;
(b) "Cardholder" means the person or entity to whom or for whose benefit a financial
card is issued.
(3) For the purposes of subsection (1) (b) hereof, a financial card shall be deemed canceled
or revoked when notice in writing thereof has been received by the named holder thereof as shown
on such financial card or by the records of the company.
(4) Criminal use of a financial card is a Class A Public Offense if the money, goods,
property, services or communication services obtained are of a value of less than One Thousand
Dollars ($1,000.00). (Ord. 06-71 § 5, 2006; Ord. 93-09 § 16, 1993; Ord. 83-75 § 2, 1983.)
9.07.180 Unlawful Manufacture or Disposal of False Tokens.
(1) The unlawful manufacture or disposal of false tokens is manufacturing, offering for sale,
or giving away any false token, slug, substance, false or spurious coin or other device intended or
calculated to be placed or deposited in any automatic vending machine, coin-operated telephone,
parking meter or other such receptacle with intent to cheat or defraud the owner, lessee, licensee or
other person entitled to the contents of such automatic vending machine, coin-operated telephone,
parking meter or other receptacle designed to receive coins or currency of the United States of
America in connection with the sale, use or enjoyment of property or services.
(2) The manufacture, advertising, offering for sale or distribution of any such false token,
slug, substance, false or spurious coin or other device or substance shall be prima facie evidence of
an intent to cheat or defraud within the meaning of this section.
(3) Unlawful manufacture or disposal of false tokens is a Class B Public Offense. (Ord. 9924 § 19, 1999; Ord. 83-75 § 2, 1983.)
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9.07.190 Criminal Use of Noxious Matter.
(1) Criminal use of noxious matter is the possession, manufacture or transportation of any
noxious matter with intent to use such matter for an unlawful purpose, or the use or attempt to use
noxious matter to the injury of persons and property, or the placing or depositing of such matter upon
or about the premises of another person without the consent of such person.
(2) "Noxious matter," as used in this section, means any bomb, compound or substance
which may give off dangerous or disagreeable odors or cause distress to persons exposed thereto.
(3) Criminal use of noxious matter is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.200 Automobile Master Key Violation.
(1) Automobile master key violation is either
(a) Selling or offering to sell a motor vehicle master key knowingly designed to fit
the ignition switch of more than one motor vehicle to a person who is not regularly carrying
on the business of garage proprietor or locksmith or employed as a law enforcement officer;
or
(b) Possession of a motor vehicle master key designed to fit the ignition switch of
more than one motor vehicle by a person knowing it to be such a key who is not regularly
carrying on the business of garage proprietor or locksmith or employed as a law enforcement
officer.
(2) It shall not be unlawful for the owner of two (2) or more vehicles to possess a motor
vehicle master key for any or all of the motor vehicles so owned, nor shall the sale of such master
keys to such owner be unlawful.
(3) Automobile master key violation is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.07.210 Posting of Advertisements. Unlawful posting of advertisements is the putting up, affixing
or fastening of either or both a picture or an advertisement to a telegraph, telephone, electric light or
power pole or any sign or structure owned or maintained by the City of Olathe.
Unlawful posting of pictures and advertisements is an Unclassified Public Offense. (Ord. 83-75 § 2,
1983.)
9.07.220 Opening, Damaging or Removing Coin-operated Machines. Opening, damaging or
removing coin-operated machines is willfully and knowingly opening, removing or damaging any
parking meter, coin telephone, vending machine dispensing goods or services, money changer or any
other device designed to receive money in the sale, use or enjoyment of property or services or any
part thereof, with intent to commit theft.
Opening, damaging or removing coin-operated machines is a Class A Public Offense. (Ord. 83-75 §
2, 1983.)
9.07.230 Possession of Tools for Opening, Damaging or Removing Coin-operated Machines.
Possession of tools for opening, damaging or removing coin-operated machines is the possession of
any key, tool, instrument or other device, or any drawing, print or mold of a key or other device or
any explosive specifically designed for or suitable for use in opening or breaking into any parking
meter, coin telephone, vending machine dispensing goods or services, money changer or any other
device designed to receive money in the sale, use or enjoyment of property or services with intent to
commit theft.
Possession of tools for opening, damaging or removing coin-operated machines is a Class B Public
Offense. (Ord. 83-75 § 2, 1983.)
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9.07.240 Unlawful Throwing of Objects. Unlawful throwing of objects is intentionally throwing,
pushing, pitching or otherwise casting any rock, stone or other object, matter or thing onto a street,
road, highway, railroad right-of-way, or upon any vehicle, engine or car or any train, locomotive,
railroad car, caboose, rail-mounted work equipment or rolling stock. Unlawful throwing of objects is
a Class A Public Offense. Any person violating this section who injures another person, upon
conviction, is guilty of a felony. (Ord. 03-117 § 6, 2003; Ord. 99-24 § 20, 1999; Ord. 83-75 § 2,
1983.)
9.07.250 Theft of Cable Television Services. Theft of cable television services is obtaining cable
television services, including internet services, from another by means of threat, deception, electrical
or mechanical tampering or electronic tampering. Theft of cable television services is a Class A
Public Offense. (Ord. 03-117 § 6, 2003; Ord. 83-75 § 2, 1983.)
9.07.260 Tampering with Utility Equipment or Service.
(1) It shall be unlawful for any person to commit, authorize, solicit, aid, abet or attempt any
of the following acts:
(a) Divert, or cause to be diverted, utility services by any means whatsoever; or
(b) Make, or cause to be made, any connection or reconnection with property owned
or used by a utility to provide utility service without the authorization or consent of the
utility; or
(c) Prevent any utility meter, or other device used in determining the charge for
utility services, from accurately performing its measuring function by tampering or by other
means; or
(d) Tamper with any property owned or used by a utility to provide utility services;
or
(e) Use or receive the direct benefit of all, or a portion, of a utility service with
knowledge of, or reason to believe that the diversion, tampering, or unauthorized connection
existed at the time of the use, or that the use or receipt, was without the authorization or
consent of the utility; or
(f) Publish the number or code of an existing, canceled, revoked or nonexistent
telephone number, credit number or other credit device or method of numbering or coding
which is employed in the issuance of telephone numbers, credit numbers or other credit
devices under circumstances evidencing an intent to have the telephone number, credit
number, credit device or method of numbering or coding used to avoid the payment of a
lawful charge for any telecommunication service, or knowing or having reason to believe that
the same may be used to avoid the payment of any such charge; or
(g) Obtain credit for or purchase any utility service by the use of any false, fictitious
or counterfeit telephone number, credit number or other credit device, or by the use of any
telephone number, credit number or other credit device without the authority of the person to
whom the number or device was issued, or by the use of any telephone number, credit
number or other credit device knowing that such number or device has been revoked; or
(h) Avoid the lawful charges, in whole or in part, for a utility service, by the use of
any fraudulent scheme, device, means or method.
(2) Definitions. As used in this act:
(a) "Customer" means the person in whose name a utility service is provided.
(b) "Divert" means to change the intended course or path of electricity, gas, or water
without the authorization or consent of the utility.
(c) "Person" means any individual, partnership, firm, association or corporation.
(d) "Reconnection" means the commencement of utility service, other than by a
utility, to a customer or other person after service has been discontinued by the utility.
(e) "Tamper" means to rearrange, injure, alter, interfere with or otherwise to prevent
from performing normal or customary function.
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November 2012
(f) "Utility" means any "public utility" as defined in K.S.A. and also includes any
electrical, gas or water system operated by any public or private agency.
(g) "Utility service" means the provision of electricity, gas, water,
telecommunication or any other service or commodity furnished by the utility for
compensation.
(h) "Telecommunication service" means any telephone service or the transmission of
a message, signal or other communication by telephone or telegraph or over telephone or
telegraph facilities.
(3) Tampering with utility equipment or service is a Class A Public Offense. (Ord. 83-75 §
2, 1983.)
9.07.270 Unauthorized Presence on City Property. Unauthorized presence on city property is
entering or remaining upon or in any property owned by the City of Olathe in violation of restrictions
upon access plainly posted, in a manner reasonably likely to come to the attention of the public,
indicating restricted hours, restrictions upon public presence, intrusion, permissible activity or other
limitations upon public access to the posted area or premises. Unauthorized presence on city
property is an Unclassified Public Offense. (Ord. 87-149 § 6, 1987.)
9.07.280 Unlawful Juvenile Activity.
(a) It shall be unlawful for any juvenile to loiter on or about any street, road, highway,
sidewalk, curb gutter, building, parking lot, alley, vacant lot, park, playground or yard, whether
public or private, without the consent or permission of the owner or occupant thereof, during the
hours between 11 P.M. and 6 A.M. unless accompanied by a parent, legal guardian, or other adult
person over the age of twenty-one (21) years, who has been given custody or control over the
juvenile by the juvenile's parent or legal guardian.
(b) It shall be unlawful for the parent, legal guardian, or any other person having custody or
control of any juvenile to permit, or by insufficient control, to allow such juvenile to violate
subsection (a) of this section.
(c) As used in this section:
"Loiter" shall mean remaining idle in essentially one location, to be dilatory, to tarry,
to dawdle and shall include but be not limited to standing around, hanging out, sitting,
kneeling sauntering and prowling.
"Juvenile" shall mean any person under the age of eighteen (18) years.
(d) Violation of this Section is a Class B Public Offense. (Ord. 93-64 § 1, 1993)
9.07.290 Computer Trespass/Computer Password Disclosure.
(a) As used in this section:
(1) Access means to instruct, communicate with, store data in, retrieve data from, or
otherwise make use of any resources of a computer, computer system or computer network.
(2) Computer means an electronic device which performs work using programmed
instruction and which has one or more of the capabilities of storage, logic, arithmetic or
communication and includes all input, output, processing, storage, software or
communication facilities which are connected or related to such a device in a system or
network.
(3) Computer Network means the interconnection of communication lines, including
microwave or other means of electronic communication, with a computer through remote
terminals, or a complex consisting of two or more interconnected computers.
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(4) Computer Program means a series of instructions or statements in a form
acceptable to a computer which permits the functioning of a computer system in a manner
designed to provide appropriate products from such computer system.
(5) Computer Software means computer programs, procedures and associated
documentation concerned with the operation of a computer system.
(6) Computer System means a set of related computer equipment or devices and
computer software which may be connected or unconnected.
(7) Financial Instrument means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card, debit card or marketable security.
(8) Property includes, but is not limited to, financial instruments, information,
electronically produced or stored data, supporting documentation and computer software in
either machine or human readable form.
(9) Services includes, but is not limited to, computer time, data processing and
storage functions and other uses of a computer, computer system or computer network to
perform useful work.
(10) Supporting Documentation includes, but is not limited to, all documentation
used in the construction, classification, implementation, use or modification of computer
software, computer programs or data.
(b) Computer Password Disclosure is the unauthorized and intentional disclosure of a
number, code, password or other means of access to a computer or computer network.
(c) Computer Trespass is intentionally, and without authorization accessing or attempting to
access any computer, computer system, computer network or computer software, program,
documentation, data or property contained in any computer, computer system or computer network.
(K.S.A. 21-3755, as amended).
Computer password disclosure is a Class A Public Offense. Computer trespass is a Class A Public
Offense. (Ord. 99-24 § 21, 1999)
9.07.300 Counterfeiting.
(1) Counterfeiting is intentionally manufacturing, using, displaying, advertising, distributing,
offering for sale, selling or possessing with intent to sell or distribute any item or services bearing or
identified by a counterfeit mark.
(2) A person having possession, custody or control of more than 25 items bearing a
counterfeit mark shall be presumed to possess such items with intent to sell or distribute.
(3) Any state or federal certificate of registration of any intellectual property shall be prima
facie evidence of the facts stated therein.
(4) As used in this section:
(a) “Counterfeit mark” means:
1) Any unauthorized reproduction or copy of intellectual property; or
2) Intellectual property affixed to any item knowingly sold, offered for sale,
manufactured or distributed, or identifying services offered or rendered, without the
authority of the owner of the intellectual property.
(b) “Intellectual property” means any trademark, service mark or trade name as such
terms are defined in K.S.A. 2005 Supp. 81-202, and amendments thereto.
(c) “Retail value” means the counterfeiter’s regular selling price for the item or
service bearing or identified by the counterfeit mark. In the case of items bearing a
counterfeit mark which are components of a finished product, the retail value shall be the
counterfeiter’s regular selling price of the finished product on or in which the component
would be utilized.
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(d) The quantity or retail value of items or services shall include the aggregate
quantity or retail value of all items bearing, or services identified by, every counterfeit mark
the defendant manufactures, uses, displays, advertises, distributes, offers for sale, sells, or
possesses.
(5) Counterfeiting of the retail value of less than One Thousand Dollars ($1,000.00) is a
Class A Public Offense. (Ord. 06-71 § 6, 2006; Ord. 00-102 § 2, 2000.)
9.07.310 Failing to Pay for Motor Fuel; Penalties.
(a) Any person who leaves the premises of an establishment at which motor fuel offered for
retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicl
without having made due payment or authorized charge for the motor fuel so dispensed, shall be
guilty of a class A public offense and upon any subsequent conviction, the Division shall:
(1) Upon a person’s second conviction, suspend the person’s driving privileges for
six months; and
(2) Upon a person’s third or subsequent conviction, suspend the person’s driving
privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump used for the dispensing
of motor fuels or placing such nozzle and hose on the ground or pavement shall be prima facie
evidence of the intent to defraud under the provisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection (a) shall pay
a reinstatement fee in the amount of $100 to the Division. The Division of Vehicles shall, at least
monthly, deposit such fees with the State Treasurer, who shall credit such moneys to the State
Highway Fund.
(d) As used in this section:
(1) “Division” means the Division of Vehicles of the Department of Revenue;
(2) “Conviction” means a final conviction without regard whether sentence was
suspended or probation granted after such conviction. Forfeiture of bail, bond or collateral
deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated,
shall be equivalent to a conviction. (Ord. 01-93 § 1, 2001.)
9.07.320 Withholding Possession of Public Property. It shall be unlawful for any person to
unlawfully take possession of any property, real or personal belonging to the City, or to the
possession of which the City shall be entitled or to commit any trespass thereon or to unlawfully
withhold any property from the City. The unlawful withholding of the possession of any property
belonging to the City after demand therefore has been made under the direction of the Governing
Body of the City shall be deemed a new and separate offense for each day the possession is withheld
after such demand. Withholding possession of public property is a Class C Public Offense. (Ord.
03-117 § 8, 2003.)
9.07.330 Personal Conduct Limitations and Animal Restrictions on Public Grounds.
(A) No person shall climb upon or hang over any rotunda, hall or portico, railing, or stair
railing located in or upon any city property.
(B) No person shall run up or down the halls or stairways or crowd, push or shove any other
person upon the stairways located on city property.
(C) No person shall swim or wade in any fountain located on the grounds of city property,
nor shall any person permit any animal under the person’s care to enter the fountain.
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(D) Except for guide dogs, hearing assistance dogs, service dogs and the animal control
facilities, no person shall bring any animals into any city building.
A person convicted of violating this section shall be guilty of a Class C Public Offense.
(Ord. 04-109 § 4, 2004.)
9.07.340 Unlawfully Selling Scrap Metal.
A. Except as provided in subsection D, it shall be unlawful for any person to sell any item or
items of regulated scrap metal to a scrap metal dealer, or employee or agent of a dealer, in this state
unless such person presents to such scrap metal dealer, or employee or agent of such dealer, at or
before the time of sale, the following information: The seller’s name, address, gender, date of birth
and the identifying number from the seller’s driver’s license, military identification card, passport, or
personal identification license. The identifying number from an official governmental document for a
country other than the United States may be used to meet this requirement provided that a legible
fingerprint is also obtained from the seller.
B. Every scrap metal dealer shall keep a register in which the dealer, or employee or agent of
the dealer, shall at the time of purchase or receipt of any item for which such information is required
to be presented, cross-reference to previously received information, or accurately and legibly record
at the time of sale the following information:
1. The time, date, and place of transaction;
2. The seller’s name, address, gender, date of birth, and the identifying number from
the seller’s driver’s license, military identification card, passport, or personal identification
license; the identifying number from an official governmental document for a country other
than the United States may be used to meet this requirement provided that a legible
fingerprint is also obtained from the seller;
3. A copy of the identification card or document containing such identifying number;
4. The license number, color, and style or make of any motor vehicle in which the
junk vehicle or other regulated scrap metal property is delivered in a purchase transaction;
5. A general description, made in accordance with the custom of the trade, of the
predominant types of junk vehicle or other regulated scrap metal property purchased in the
transaction;
6. The weight, quantity or volume, made in accordance with the custom of the trade,
of the regulated scrap metal property purchased;
7. If a junk vehicle or vehicle part is being bought or sold, a description of the junk
vehicle or vehicle part, including the make, model, color, vehicle identification number, and
serial number if applicable;
8. The amount of consideration given in a purchase transaction for the junk vehicle
or other regulated scrap metal property; and
9. The name of the individual acting on behalf of the regulated scrap metal dealer in
making the purchase.
C. The scrap metal dealer’s register, including copies of identification cards, may be kept in
electronic format.
D. Notwithstanding the foregoing, this section shall not apply to:
1. Transactions involving regulated scrap metal, except for catalytic converters, for
which the total sale price for all regulated scrap metal is Fifty Dollars ($50) or less;
2. Transactions involving only catalytic converters for which the total sale price is
Thirty Dollars ($30) or less;
3. Transactions in which the seller is also a scrap metal dealer; or
4. Transactions for which the seller is known to the purchasing scrap metal dealer to
be an established business that operates out of a fixed business location and that can
reasonably be expected to generate regulated scrap metal. (K.S.A. Supp. 50-6,110)
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November 2012
E. The exceptions contained in subsections D.1. and D.2. shall not apply to any purchase
from any seller of the following materials:
1. Catalytic converters purchased separate from a vehicle;
2. Coated or insulated wire or stripped wire or burnt wire;
3. Refrigeration condensing units or air conditioning coils of any type; or
4. Copper tubing bars, plate, buss bar or sheet copper.
F. It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to pay
for any of the items described in subsections E.1. through E.4. by any means other than:
1. A pre-numbered check drawn on a regular bank account in the name of the scrap
metal dealer and with such check made payable to the person documented as the seller in
accordance with subsection B; or
2. A system for automated cash or electronic payment distribution which
photographs or videotapes the payment recipient and identifies the payment with a distinct
transaction in the register maintained in accordance with subsection B.
Any person intentionally violating the provisions of this section shall be guilty of a Class C violation
for which the minimum fine is Two Hundred Dollars ($200). Any person convicted of violating the
provisions of this section for the second time within a two-year period shall be guilty of a Class B
violation for which the minimum fine is Five Hundred Dollars ($500). Any person convicted of
violating the provisions of this section for the third and subsequent times within a two (2)-year period
shall be guilty of a Class A violation for which the minimum fine is One Thousand Dollars ($1,000).
(Ord. 11-47 § 3, 2011; Ord. 09-59 § 3, 2009; Ord. 08-111 § 9, 2008.)
9.07.350 Unlawfully Buying Scrap Metal.
A.
It shall be unlawful for any such scrap metal dealer, or employee or agent of the
dealer, to purchase any item or items of regulated scrap metal in a transaction for which Section
9.07.340 requires information to be presented by the seller, without demanding and receiving from
the seller that information. Every scrap metal dealer shall file and maintain a record of information
obtained in compliance with the requirements in Section 9.07.340. All records kept in accordance
with the provisions of this section shall be open at all times to peace or law enforcement officers and
shall be kept for two (2) years. If the required information is maintained in electronic format, the
scrap metal dealer shall provide a printout of the information to peace or law enforcement officers
upon request. (K.S.A. Supp. 50- 6,111)
B.
It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to
purchase any item or items of regulated scrap metal in a transaction for which K.S.A. 2008 Supp. 506,110, and amendments thereto, requires information to be presented by the seller, without obtaining
from the seller a signed statement that:
1.
each item is the seller’s own personal property, is free of encumbrances and
is not stolen; or
2.
that the seller is acting for the owner and has permission to sell each item.
C.
It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to
purchase any junk vehicle in a transaction for which K.S.A. 2008 Supp. 50-6,110, and amendments
thereto, requires information to be presented by the seller, without:
1.
inspecting the vehicle offered for sale and recording the vehicle
identification number; and
2.
obtaining an appropriate vehicle title or bill of sale issued by a
governmentally operated vehicle impound facility if the vehicle purchased has been
impounded by such facility or agency.
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November 2012
D.
It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to
purchase or receive any regulated scrap metal from a minor unless such minor is accompanied by a
parent or guardian or such minor is a licensed scrap metal dealer.
E.
It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to
purchase any of the following items of regulated scrap metal property without obtaining proof that
the seller is an employee, agent or person who is authorized to sell the item of regulated scrap metal
property on behalf of the governmental entity, utility provider, railroad, cemetery, civic organization
or scrap metal dealer:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Utility access cover;
Street light poles or fixtures;
Road or bridge guard rails;
Highway or street signs;
Water meter cover;
Traffic directional or traffic control signs;
Traffic light signals;
Any metal marked with any form of name or initials of a governmental entity;
Property owned and marked by a telephone, cable, electric, water or other utility
provider;
Property owned and marked by a railroad;
Funeral markers or vases;
Historical markers;
Bales of regulated metal;
Beer kegs;
Manhole covers;
Fire hydrants or fire hydrant caps;
Junk vehicles with missing or altered vehicle identification numbers;
Real estate signs;
Bleachers or risers, in whole or in part; and
Twisted pair copper telecommunications wiring of 25 pair or greater existing in 19,
22, 24 or 26 gauge.
F.
It shall be unlawful for any scrap metal dealer, or employee or agent of the dealer, to
sell, trade, melt or crush, or in any way dispose of, alter or destroy any regulated scrap metal, junk
vehicle or vehicle part upon notice from any law enforcement agency, or any of their agents or
employees, that they have cause to believe an item has been stolen. A scrap metal dealer shall hold
any of the items that are designated by or on behalf of the law enforcement agency for thirty (30)
days, exclusive of weekends and holidays.
G.
Any person intentionally violating the provisions of this section shall be guilty of a
Class C violation for which the minimum fine is Two Hundred Dollars ($200). Any person convicted
of violating the provisions of this section for the second time within a two-year period shall be guilty
of a Class B violation for which the minimum fine is Five Hundred Dollars ($500). Any person
convicted of violating the provisions of this section for the third and subsequent times within a two
(2)-year period shall be guilty of a Class A violation for which the minimum fine is One Thousand
Dollars ($1,000). (Ord. 12-38 § 6, 2012; Ord. 11-47 § 4, 2011; Ord. 09-59 § 4, 2009; Ord. 08-111 §
10, 2008.)
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November 2012
CHAPTER 9.08
OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS
Sections:
9.08.010
9.08.020
9.08.030
9.08.040
9.08.050
9.08.060
9.08.070
9.08.080
9.08.090
9.08.100
9.08.110
9.08.120
9.08.130
9.08.140
9.08.150
9.08.160
9.08.170
9.08.180
9.08.190
9.08.200
9.08.210
9.08.220
9.08.230
9.08.240
9.08.250
Perjury. (Repealed 2/16/99)
Compounding a Crime.
Interference with Law Enforcement.
Disobeying the Lawful Order of a Police Officer.
Failure to Obey Citation.
Escape from Custody.
Failure to Appear.
Interference with the Administration of Justice.
Falsely Reporting a Crime or Public Offense.
Performance of an Unauthorized Official Act.
Simulating Legal Process.
Tampering with a Public Record.
Tampering with Public Notice.
False Signing of a Petition.
False Impersonation.
Interference with Conduct of Public Business in Public Buildings, Facilities or
on Public Lands.
Dealing in False Identification Documents. (Repealed 2/16/99)
Resisting Arrest.
Possession of False Identification Documents.
Witness or Victim Intimidation, Definitions.
Crime of Intimidation of a Witness or Victim.
Civil Remedies, Court Orders Authorized.
Violation of Court Orders, Penalties.
Law Enforcement Canines and Fire Enforcement Canines.
Harassment of a Court by Telefacsimile Communication.
9.08.010 Perjury. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 93-09 § 17, 1993; Ord. 89-151 §
3, 1990; Ord. 83-75 § 2, 1983.)
9.08.020 Compounding a Crime.
(1) Compounding a crime is accepting or agreeing to accept anything of value as
consideration for a promise:
(a) Not to initiate or aid in the prosecution of a person who has committed a crime;
or
(b) to intentionally conceal or destroy evidence of a crime.
(2) Compounding a crime is a Class A Public Offense. (Ord. 93-09 § 18, 1993; Ord. 83-75 §
2, 1983.)
9.08.030 Interference with Law Enforcement. Interference with law enforcement is:
A. Falsely reporting to a law enforcement officer, law enforcement agency or state
investigative agency:
1. That a particular person has committed a crime, knowing that such information is
false and intending that the officer or agency shall act in reliance upon such information; or
2. any information, knowing that such information is false and intending to
influence, impede or obstruct such officer’s or agency’s duty; or
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September 2013
3 any information for the purpose of hindering the apprehension, prosecution,
conviction or punishment of any person for a crime; or
4. that a crime has been committed or any information concerning a crime or
suspected crime, knowing that such information is false and intending that the officer or
agency shall act in reliance upon such information;
B. Concealing, materially altering or destroying evidence or tampering with a witness,
informant, document or other source of information, regardless of its admissibility in evidence with
the intent to prevent or hinder the apprehension, prosecution, conviction or punishment of any
person; or
C. Knowingly and willfully obstructing, resisting or opposing any person authorized by law
to serve process in the service or execution or in the attempt to serve or execute any writ, warrant,
process or order of a court, or in the discharge of any official duty; or
D. Knowingly and willfully obstructing, resisting or opposing any properly identified law
enforcement officer in the discharge of any official duty or investigation; or
E. Providing a false name, address, birth date, driver’s license or other identification
document to a law enforcement officer engaged in the discharge of any official duty or investigation.
F. Interference with Law Enforcement is a Class A Public Offense. (Ord. 13-33 § 3, 2013;
Ord. 12-38 § 7, 2012; Ord. 83-75 § 2, 1983.)
9.08.040 Disobeying the Lawful Order of a Police Officer. No person shall willfully fail or refuse
to comply with any lawful order or direction of a police officer while the said officer is engaged in
directing, controlling or regulating traffic during an emergency or accident investigation.
Disobeying the lawful order of a police officer is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.08.050 Failure to Obey Citation. It shall be unlawful for any person to violate his or her written
promise to appear given to a law enforcement officer upon the issuance of a Uniform Complaint and
Notice to Appear regardless of the disposition of the charge for which such complaint and notice to
appear was originally issued.
Failure to obey citation is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.08.060 Escape from Custody.
A.
Escape from custody is escaping while held in lawful custody on a charge, arrest for
or conviction of a public offense, or on a charge, arrest or adjudication as a juvenile offender, where
the act, if committed by an adult, would constitute a public offense, or on a commitment to the state
security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the
person committed an act constituting a public offense or by a person 18 years of age or over who is
being held in lawful custody on an adjudication of a misdemeanor or public offense.
B.
As used in this section:
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September 2013
1.
Custody means arrest; detention in a facility for holding persons charged
with or convicted of offenses or charged or adjudicated as a juvenile offender, where the act,
if committed by an adult, would constitute an offense; detention in a facility for holding
persons adjudicated as juvenile offenders; detention for extradition or deportation; detention
in a hospital or other facility pursuant to court order, imposed as a specific condition of
probation or parole or imposed as a specific condition of assignment to a community
correctional services program; commitment to the state security hospital as provided in
K.S.A. 22-3428 and amendments thereto; or any other detention for law enforcement
purposes. Custody does not include general supervision of a person on probation or parole or
constraint incidental to release on bail.
2.
“Escape” means departure from custody without lawful authority or failure
to return to custody following temporary leave lawfully granted pursuant to express
authorization of law or order of a court.
3.
As used in this section, the term charge shall not require that the offender
was held on a written charge contained in a complaint, information or indictment, if such
offender was arrested prior to such offender’s escape from custody.
C.
Escape from custody is a Class A Public Offense. (Ord. 12-38 § 8, 2012; Ord. 99-24
§ 22, 1999; Ord. 83-75 § 2, 1983.)
9.08.070 Failure to Appear.
(1) Failure to appear is intentionally incurring a forfeiture of an appearance bond and failing
to surrender oneself within thirty (30) days following the date of such forfeiture by one who is
charged with a public offense and has been released on bond for appearance before the municipal
court of Olathe, for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of
an appearance bond and failing to surrender oneself within thirty (30) days after his or her conviction
of a public offense has become final by one who has been released on an appearance bond by the
municipal court of Olathe.
(2) Any person who is released upon his or her own recognizance, without surety, or who
fails to appear in response to a summons or traffic citation, shall be deemed a person released on
bond for appearance within the meaning of subsection (1) of this section.
(3) The provisions of subsection (1) of this section shall not apply to any person who forfeits
a cash bond supplied pursuant to law upon an arrest for a traffic offense.
Failure to appear is a Class B Public Offense. (Ord. 04-38 § 1, 2004; Ord. 83-75 § 2, 1983.)
9.08.080 Interference with the Administration of Justice.
(1) Interference with the administration of justice is communicating in any manner a threat
of violence to any judicial officer or any prosecuting attorney or harassing a judicial officer or a
prosecuting attorney by repeated vituperative communication, or picketing, parading or
demonstrating in or near a building housing a judicial officer or a prosecuting attorney or near such
officer’s or prosecuting attorney’s residence or place of abode, with intent to influence, impede or
obstruct the prosecution, finding, decision, ruling, order, judgment or decree of such judicial officer
or prosecuting attorney on any matter then pending before the officer or prosecuting attorney.
(2) Nothing in this section shall limit or prevent the exercise by any court of this city or state
of its power to punish for contempt.
(3) Interference with the administration of justice is a Class A Public Offense.
(4) As used in this section, ‘prosecuting attorney’ has the meaning ascribed thereto in K.S.A.
22-2202, and K.S.A. 12-4110 and amendments thereto. (Ord. 99-24 § 23, 1999; Ord. 83-75 § 2,
1983.)
9.47
November 2012
9.08.090 Falsely Reporting a Crime or Public Offense. Falsely reporting a crime or public
offense is informing a law enforcement officer that a crime has been committed, knowing that such
information is false and intending that the officer shall act in reliance upon such information. Falsely
reporting a crime is a Class A Public Offense. (Ord. 04-38 § 2, 2004; Ord. 83-75 § 2, 1983.)
9.08.100 Performance of an Unauthorized Official Act.
(1) Performance of an unauthorized official act is knowingly and without lawful authority:
(a) Conducting a marriage ceremony; or
(b) Certifying an acknowledgment of the execution of any document which by law
may be recorded.
(2) Performance of an unauthorized official act is a Class B Public Offense. (Ord. 83-75 § 2,
1983.)
9.08.110 Simulating Legal Process.
A.
Simulating legal process is:
1.
Distributing to another any document which simulates or purports to be, or is
reasonably designed to cause others to believe it to be, a summons, petition, complaint, or
other judicial process, with intent thereby to mislead the recipient and cause the recipient to
take action in reliance thereon; or
2.
Printing, distributing or offering for sale any such document, knowing or
intending that it shall be so used.
B.
Subsection A. of this section does not apply to the printing, distribution or sale of
blank forms of legal documents intended for actual use in judicial proceedings.
C.
Simulating legal process is a Class A Public Offense. (Ord. 12-38 § 9, 2012; Ord.
83-75 § 2, 1983.)
9.08.120 Tampering with a Public Record. Tampering with a public record is knowingly and
without lawful authority altering, destroying, defacing, removing or concealing any public record.
Tampering with a public record is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.08.130 Tampering with Public Notice. Tampering with public notice is knowingly and without
lawful authority altering, defacing, destroying, removing or concealing any public notice posted
according to law, during the time said notice is required or authorized to remain posted.
Tampering with public notice is a Class C Public Offense. (Ord. 83-75 §, 1983.)
9.08.140 False Signing of a Petition. False signing of a petition is the affixing of any fictitious or
unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the
Governing Body of the City of Olathe, or to any agency or officer of the City of Olathe.
False signing of an official petition is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.08.150 False Impersonation. False impersonation is representing one's self to be a public officer
or public employee or a person licensed to practice or engage in any profession or vocation for which
a license is required by the laws of the State of Kansas, with knowledge that such representation is
false;
False impersonation is a Class A Public Offense. (Ord. 93-09 § 19, 1993; Ord. 83-75 § 2, 1983.)
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November 2012
9.08.160 Interference with Conduct of Public Business in Public Buildings, Facilities or on
Public Lands. Interference with the conduct of public business in public buildings, facilities, or on
public lands is:
A.
Conduct at or in any public building, facility or on land owned, operated or
controlled by the county, state or the City of Olathe so as to intentionally deny to any public official,
public employee, or any invitee on such premises, the lawful rights of such official, employee, or
invitee to enter, to use, or to leave, any such public building, facility or land; or
B.
intentionally impeding any public official or employee in the lawful performance of
duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and
violence or threat thereof; or
C.
intentionally refusing or failing to leave any such public building, facility or land
upon being requested to do so by a law enforcement officer or the City Manager, or designee,
charged with maintaining order in such public building, facility or land if such person is committing,
threatens to commit, or incites others to commit, any act which did or would if completed, disrupt,
impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being
carried on in such public building, facility or land; or
D.
intentionally impeding, disrupting or hindering the normal proceedings of any
meeting or session conducted by any judicial or legislative body or official at any public building,
facility or land by any act of intrusion into the chamber or other areas designated for the use of the
body, or official conducting such meeting or session, or by any act designed to intimidate, coerce or
hinder any member of such body, or any official engaged in the performance of duties at such
meeting or session; or
E.
intentionally impeding, disrupting or hindering, by any act of intrusion into the
chamber or other areas designed for the use of any executive body or official, the normal proceedings
of such body or official. (Ord. 12-38 § 10, 2012; Ord. 04-38 § 3, 2004; Ord. 83-75 § 2, 1983.)
9.08.170 Dealing in False Identification Documents. Repealed 2/16/99. (Ord. 99-24 § 35, 1999;
Ord. 83-75 § 2, 1983.)
9.08.180 Resisting Arrest. Resisting arrest is knowingly and intentionally obstructing, resisting,
opposing or interfering with a law enforcement officer while such officer is engaged in making an
arrest.
Resisting arrest is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.08.190 Possession of False Identification Documents.
(a) It shall be unlawful for any person to possess or have under such person’s control or
display a false document which
(1) simulates, purports to be or is designed so as to cause others reasonably to
believe it to be an identification document; and
(2) bears a fictitious name or other false information.
(b) As used in this section, ‘identification document’ means any card, certificate or document
which identifies or purports to identify the bearer of such document, whether or not intended for use
as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses,
nondrivers’ identification cards, motor vehicle liability insurance cards, birth certificates, Social
Security cards and employee identification cards.
(c) Dealing in false identification documents is an unclassified public offense.
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November 2012
(d) This section shall not apply to law enforcement officers acting within their scope of
employment. (Ord. 00-45 § 2, 2000.)
9.08.200 Witness or Victim Intimidation, Definitions.
(a) “Civil injury or loss” means any injury or loss for which a civil remedy is provided under
the laws of this state, any other state or the United States.
(b) “Malice” means an intent to vex, annoy, harm or injure in any way another person or an
intent to thwart or interfere in any manner with the orderly administration justice.
(c) “Victim” means any individual: (1) Against whom any crime under the laws of this state,
any other state or the United States is being, has been or is attempted to be committed; or (2) who
suffers a civil injury or loss.
(d) “Witness” means any individual:
(1) Who has knowledge of the existence or nonexistence of facts relating to any civil
or criminal trial, proceeding or inquiry authorized by law;
(2) whose declaration under oath is received or has been received as evidence for any
purpose;
(3) who has reported any crime or any civil injury or loss to any law enforcement
officer, prosecutor, probation officer, parole officer, correctional officer, community
correctional services officer or judicial officer;
(4) who has been served with a subpoena issued under the authority of a municipal
court or any court or agency of this state, any other state or the United States; or
(5) who would be believed by any reasonable person to be an individual described in
paragraph (1), (2), (3) or (4). (Ord. 04-38 § 4, 2004.)
9.08.210 Crime of Intimidation of a Witness or Victim. Intimidation of a witness or victim is
knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade:
(a) Any witness or victim from attending or giving testimony at any civil or criminal trial,
proceeding or inquiry authorized by law; or
(b) Any witness, victim or person acting on behalf of a victim from:
(1) Making any report of the victimization of a victim to any law enforcement
officer, prosecutor, probation officer, parole officer, correctional officer, community
correctional services officer or judicial officer;
(2) causing a complaint, indictment or information to be sought and prosecuted, or
causing a violation of probation, parole, or assignment to a community correctional services
program to be reported and prosecuted, and assisting in its prosecution;
(3) causing a civil action to be filed and prosecuted and assisting in its prosecution;
or
(4) arresting or causing or seeking the arrest of any person in connection with the
victimization of a victim.
(c) Intimidation of a witness or victim is a Class B Public Offense. (Ord. 04-38 § 5, 2004.)
9.08.220 Civil Remedies, Court Orders Authorized.
(a) In its discretion and upon good cause (which may include but is not limited to the
declaration of a party’s attorney) to believe that intimidation or dissuasion of any victim or witness
has occurred or is reasonably likely to occur, the court may issue any reasonable order necessary to
remedy or prevent the intimidation or dissuasion, including but not limited to an order that:
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November 2012
(1) Any person before the court, including but not limited to a party, subpoenaed
witness or other person entering the courtroom of the court, not violate any provision of this
code;
(2) Any person described in this section maintain a prescribed geographic distance
from any specified witness or victim;
(3) Any person described in this section have no communication whatsoever with
any specified witness or victim, except through an attorney under such reasonable
restrictions as the court imposes;
(4) calls for a hearing to determine if an order described in subsection (1), (2) or (3)
should be issued; or
(5) A particular law enforcement agency within the jurisdiction of the court provide
protection for a victim or witness.
(b) Actions by a law enforcement agency pursuant to an order issued under subsection (a)(5)
are considered to be police protection within the exemption from liability under the Kansas Tort
Claims Act for damages resulting from the failure to provide, or the method of providing, police
protection. (Ord. 04-38 § 6, 2004.)
9.08.230 Violation of Court Orders, Penalties. Violation of an order entered pursuant to 9.08.220
may be punished in any of the following ways:
(a) In the manner provided by 9.08.210 when applicable.
(b) As a contempt of the court making the order. No finding of contempt shall be a bar to
prosecution for a violation of 9.08.210, but:
(1) Any person held in contempt shall be entitled to have any punishment imposed
for contempt to be credited against any sentence imposed upon conviction of a violation of
9.08.210; and
(2) Any conviction or acquittal of a violation of 9.08.210 shall be a bar to subsequent
punishment for contempt arising out of the same act.
(c) By revocation of any form of pretrial release of a criminal defendant or by the forfeiture
of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant into
custody. After a hearing and upon a showing by clear and convincing evidence, the court, in its
sound discretion, may order the revocation whether the violation was committed by the defendant
personally or in any way caused or encouraged it to be committed. (Ord. 04-38 § 7, 2004.)
9.08.240 Law Enforcement Canines and Fire Enforcement Canines.
(a) All canines used by the City Police Department or Fire Department, whether owned,
leased, rented or borrowed for the purposes of aiding law enforcement officers in their duties shall be
considered the property and responsibility of the Police Department canine unit or the Fire
Department canine unit and shall be designated law enforcement or fire enforcement canines.
(b) It shall be unlawful for any person:
(1) to tease, torment, harass a law enforcement or fire enforcement canine whether or
not the dog is being used in an official capacity;
(2) to interfere or attempt to interfere with a law enforcement or fire enforcement
canine or its handler in such a manner as to inhibit, restrict or impede the dog in
accomplishing its law enforcement or fire enforcement purpose or the handler in the control
of the law enforcement or fire enforcement canine;
9.51
November 2012
(3) to inflict harm, disability or death to a law enforcement or fire enforcement
canine. Inflicting harm, disability or death is knowingly and intentionally and without lawful
cause or justification poisoning, inflicting bodily harm, permanent disability or death, upon a
law enforcement or fire enforcement canine.
(c) Penalties. Violations of Sections (b)(1) and (b)(2) are unclassified public offenses.
Violations of Section (b)(3) is a Class A Public Offense. (Ord. 04-38 § 8, 2004.)
9.08.250 Harassment of a Court by Telefacsimile Communication.
(a) Harassment of a court by telefacsimile communication is the use of telefacsimile
communication to send or transmit such communication to a court in the state of Kansas for a use
other than court business.
(b) As used in this section, telefacsimile communication means the use of electronic
equipment to send or transmit a copy of a document via telephone line.
(c) Harassment by telefacsimile communication is a Class A Public Offense. (Ord. 05-103 §
2, 2005.)
9.52
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CHAPTER 9.09
OFFENSES AFFECTING PUBLIC TRUSTS
Sections:
9.09.010
9.09.020
9.09.030
9.09.040
9.09.050
9.09.060
9.09.070
9.09.080
Official Misconduct.
Compensation for Past Official Acts.
Presenting a False Claim.
Permitting a False Claim.
Discounting a Public Claim.
Unlawful Interest in Insurance Contract.
Unlawful Procurement of Insurance Contract.
Unlawful Use of City Postage.
9.09.010 Official Misconduct.
(a) Official misconduct is any of the following acts committed by a public officer or
employee in his public capacity or under color of his office or employment:
(1) Using or authorizing the use of any aircraft, as defined by K.S.A. 3-201, and
amendments thereto, vehicle, as defined by K.S.A. 8-1485, and amendments thereto, or
vessel, as defined by K.S.A. 32-1102, and amendments thereto, under the officer’s or
employee’s control or direction, or in the officer’s or employee’s custody, exclusively for the
private benefit or gain of the officer or employee or another.
(2) Knowingly and willing failing to serve civil process when required by law.
(3) Using confidential information acquired in the course of and related to the
officer’s or employee’s office or employment for the private benefit or gain of the officer or
employee or another or to maliciously cause harm to another. As used in this section,
“confidential” means any information that is not subject to mandatory disclosure pursuant to
K.S.A. 45-221, and amendments thereto.
(4) Except as authorized by law, knowingly, willfully and with the intent to reduce or
eliminate competition among bidders or prospective bidders on any contract or proposed
contract:
(A)
Disclosing confidential information regarding proposals or
communications from bidders or prospective bidders on any contract or proposed
contract;
(B)
Accepting any bid or proposal on a contract or proposed contract
after the deadline for acceptance of such bid or proposal; or
(C)
Altering any bid or proposal submitted by a bidder on a contract or
proposed contract.
(5) Except as authorized by law, knowingly destroying, tempering with or concealing
evidence of a crime.
(6) Knowingly and willfully submitting to a governmental entity a claim for
expenses which is false or duplicates expenses for which a claim is submitted to such
governmental entity, another governmental or private entity.
(b) The provisions of subsection (a)(1) shall not apply to any use of persons or property
which:
(1)
At the time of the use, is authorized by law or by formal written policy of the
governmental entity; or
(2)
Constitutes misuse of public funds, as defined in K.S.A. 21-3910 and
amendments thereto.
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(c) (1) Official misconduct as defined in subsections (a)(1) through (a)(4) is a Class A Public
Offense.
(2) Official misconduct as defined in subsection (a)(5) is a Class A Public Offense if the
evidence is evidence of a crime which is a misdemeanor.
(3) Official misconduct as defined in subsection (a)(6) is a Class A Public Offense for a
claim of less than One Thousand Dollars ($1,000.00).
(4) Upon conviction of official misconduct a public officer or employee shall forfeit such
officer or employee’s office or employment. (Ord. 06-71 § 7, 2006; Ord. 83-75 § 2, 1983.)
9.09.020 Compensation for Past Official Acts.
(1) Compensation for past official acts is giving or offering to give to any public officer or
employee any benefit, reward or consideration for having given, in his official capacity as such
public officer or employee, a decision, opinion, recommendation or vote favorable to the person
giving or offering such benefit, reward or consideration, or for having performed an act of official
misconduct.
(2) Subsection (1) of this section shall not apply to the following:
(a) Gifts or other benefits conferred on account of kinship or other personal,
professional or business relationships independent of the official status of the receiver; or
(b) Trivial benefits incidental to personal, professional or business contacts and
involving no substantial risk of undermining official impartiality.
(3) Compensation for past official acts is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.09.030 Presenting a False Claim. Presenting a false claim is knowingly and with intent to defraud
presenting a claim or demand which is false in whole or in part, to a public officer or body authorized
to audit, allow or pay such claim.
Presenting a false claim for less than One Thousand Dollars ($1,000.00) is a Class A Public Offense.
(Ord. 06-71 § 8, 2006; Ord. 83-75 § 2, 1983.)
9.09.040 Permitting a False Claim. Permitting a false claim is the auditing, allowing, or paying of
any claim or demand made upon the City of Olathe or other municipal governmental instrumentality
within the city by a public officer or employee who knows such claim or demand is false or
fraudulent in whole or in part.
Permitting a false claim for less than One Thousand Dollars ($1,000.00) is a Class A Public Offense.
(Ord. 06-71 § 9, 2006; Ord. 83-75 § 2, 1983.)
9.09.050 Discounting a Public Claim. Discounting a public claim is the act of a public officer or
employee, who in his private capacity either directly or indirectly, purchases for less than full value
or discounts any claim held by another against the City of Olathe or a municipal subdivision thereof.
Discounting a public claim is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.09.060 Unlawful Interest in Insurance Contract.
(1) An unlawful interest in an insurance contract is the act of a public officer or employee
who:
(a) Represents in any capacity or divides commissions with any surety company or
other writer of a surety bond in the writing of any bond or contract subject to the approval of
such public officer or employee; or
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(b) Represents in any capacity or divides commissions with an insurance company or
other insurer in the writing of any policy of fire, casualty, workmen's compensation or other
insurance which is paid for from the public funds of the political unit served by such officer
or employee.
(2) Unlawful interest in an insurance contract is a Class A Public Offense. (Ord. 83-75 § 21,
1983.)
9.09.070 Unlawful Procurement of Insurance Contract. An unlawful procurement of an
insurance contract is the act of any surety company or other writer of surety bonds or any insurance
company or other insurer who employs or contracts with a public officer or employee to represent
such writer of surety bonds or insurer in any capacity or to share commissions on any surety bond or
contract subject to the approval of such public officer or employee, or any policy of fire, casualty,
workmen's compensation or other insurance which is paid for from the public funds of the political
unit served by such officer or employee.
Unlawful procurement of an insurance contract is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.09.080 Unlawful Use of City Postage.
(a) It shall be unlawful for any person to use for such person's personal use, or to allow any
unauthorized person to use, any form of postage paid for with city funds.
(b) Violation of this section shall constitute a Class C Public Offense. (Ord. 83-75 § 2,
1983.)
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CHAPTER 9.10
OFFENSES INVOLVING VIOLATIONS OF PERSONAL RIGHTS
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
Eavesdropping. Repealed 11-1-2011.
Breach of Privacy.
Smoking In a Public Place. Repealed 8-15-2006.
Denial of Civil Rights.
9.10.010 Eavesdropping. Repealed 11-1-2011. (Ord. 11-47 § 5, 2011; Ord. 04-109 § 3, 2004; Ord.
00-102 § 3, 2000; Ord. 83-75 § 2, 1983.)
9.10.020 Breach of Privacy.
A. Breach of privacy is knowingly and without lawful authority:
1. Intercepting, without the consent of the sender or receiver, a message by
telephone, telegraph, letter or other means of private communication;
2. Divulging, without the consent of the sender or receiver, the existence or contents
of such message if such person knows that the message was illegally intercepted, or if such
person illegally learned of the message in the course of employment with an agency in
transmitting it;
3. Entering or peeping into a private place with intent to listen surreptitiously to
private conversation or to observe the personal conduct of any other person or persons
therein;
4. Installing or using inside or outside a private place any device for hearing,
recording, amplifying or broadcasting sounds originating in such place, which sounds would
not ordinarily be audible or comprehensible without the use of such device, without the
consent of the person or persons entitled to privacy therein; or
5. Installing or using any device or equipment for the interception of any telephone,
telegraph, or other wire or wireless communication without the consent of the person in
possession or control of the facilities for such communication.
B. Subsection A.1. of this section shall not apply to messages overheard through a regularly
installed instrument on a telephone party line or on an extension.
C. A “private place” within the meaning of this section is a place where one may reasonably
expect to be safe from uninvited intrusion or surveillance.
D. It shall not be unlawful for an operator of a switchboard, or any officer, employee or
agent of any public utility providing telephone communications service, which facilities are used in
the transmission of a communication, to intercept, disclose, or use that communication in the normal
course of his or her employment while engaged in any activity which is incident to the rendition of
public utility service or to the protection of the rights of property of such public utility.
E. Breach of privacy is a Class A Public Offense. (Ord. 11-47 § 6, 2011; Ord. 04-85 § 2,
2004; Ord. 83-75 § 2, 1983.)
9.10.030 Smoking In a Public Place. Repealed 8-15-2006. (Ord. 06-97 § 2, 2006; Ord. 87-149 § 7,
1987; Ord. 83-75 § 2, 1983.)
9.10.040 Denial of Civil Rights. Denial of civil rights is denying to another, on account of the race,
color, ancestry, national origin, age, sex, disability or religion of such other:
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(1) The full and equal use and enjoyment of the services, facilities, privileges and
advantages of any institution, department or agency of the State of Kansas or any political
subdivision or municipality thereof;
(2) The full and equal use and enjoyment of the goods, services, facilities, privileges,
advantages and accommodations or any establishment which provides lodging to transient guest(s)
for hire, or any establishment which is engaged in selling food or beverage to the public for
consumption upon the premises, or any place of recreation, amusement, exhibition or entertainment
which is open to members of the public;
(3) The full equal use and enjoyment of the services, privileges and advantages of any
facility for the public transportation of persons or goods;
(4) The full and equal use and enjoyment of the services, facilities, privileges and
advantages of any establishment which offers personal or professional services to members of the
public.
(5) The full and equal exercise of the right to vote in any election held pursuant to the laws
of Kansas. (K.S.A. 21-4003).
(6) Denial of civil rights is a Class A Public Offense. (Ord. 99-24 § 24, 1999; Ord. 93-09 §
20, 1993.)
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CHAPTER 9.11
OFFENSES AGAINST THE PUBLIC PEACE
Sections:
9.11.010
9.11.020
9.11.030
9.11.040
9.11.050
9.11.060
9.11.070
9.11.080
9.11.090
9.11.100
9.11.110
9.11.120
9.11.130
9.11.140
9.11.145
9.11.150
9.11.160
9.11.170
9.11.180
9.11.190
Disorderly Conduct.
Unlawful Assembly.
Remaining At An Unlawful Assembly.
Riot.
Incitement to Riot. (Repealed 2/16/99)
Maintaining a Public Nuisance.
Permitting a Public Nuisance.
Unlawful Begging.
Giving a False Alarm.
Criminal Desecration.
Desecrating a Dead Body.
Harassment by Telecommunications Device.
Desecration of Flags. (Repealed 2/16/93)
Desecrating a Cemetery. (Repealed 2/16/93)
Loud Sound Amplification Systems Prohibited. (Repealed 2/16/99)
Unlawful Noise Disturbance.
Stalking.
Funeral Privacy; Unlawful Acts; Penalty.
Keeping Disorderly Premises
Reporting Nuisance and Disorderly Premises Convictions to Licensing Authorities
of Clubs, Drinking Establishments and Cereal Malt Beverage Retailers.
9.11.010 Disorderly Conduct. Disorderly conduct is, with knowledge or probable cause to believe
that such acts will alarm, anger or disturb others or provoke an assault or other breach of the peace:
(a) Engaging in brawling or fighting; or
(b) Disturbing an assembly, meeting, or procession, not unlawful in its character; or
(c) The use of offensive, obscene, abusive, combative or fighting language or engaging in
noisy conduct tending reasonably to arouse alarm, anger, resentment or combat in others.
Disorderly conduct is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.11.020 Unlawful Assembly. Unlawful assembly is the meeting or coming together of not less
than five (5) persons with the intent to engage in conduct constituting either disorderly conduct, as
defined by Section 9.11.010, or a riot, as defined by Section 9.11.040, or when in a lawful assembly
of not less than five (5) persons, agreeing to engage in conduct constituting disorderly conduct or
riot.
Unlawful assembly is a Class B Public Offense. (Ord. 11-47 § 7, 2011; Ord. 83-75 § 2, 1983.)
9.11.030 Remaining At An Unlawful Assembly. Remaining at an unlawful assembly is
intentionally failing to depart from the place of an unlawful assembly after being directed to leave by
a law enforcement officer. Remaining at an unlawful assembly is a Class A Public Offense. (Ord.
11-47 § 8, 2011; Ord. 99-24 § 25, 1999; Ord. 83-75 § 2, 1983.)
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9.11.040 Riot. Riot is any use of force or violence which produces a breach of the public peace, or
any threat to use such force or violence against any person or property if accompanied by power or
apparent power of immediate execution, by five (5) or more persons acting together and without
authority of law.
Riot is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.11.050 Incitement to Riot. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 83-75 § 2, 1983.)
9.11.060 Maintaining a Public Nuisance. Maintaining a public nuisance is knowingly causing or
permitting a condition to exist which injures or endangers the public health, safety or welfare.
Maintaining a public nuisance is a Class B Public Offense. (Ord. 11-47 § 9, 2011; Ord. 83-75 § 2,
1983.)
9.11.070 Permitting a Public Nuisance. Permitting a public nuisance is knowingly permitting
property under the control of the offender to be used to maintain a public nuisance, as defined in
Section 9.11.060. Permitting a public nuisance is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.11.080 Unlawful Begging. Unlawful begging is the begging or solicitation of funds, United
States currency, or other thing of value in a public building, public thoroughfare, transportation
terminal, residential neighborhood or other place open to the public. Unlawful begging is a Class C
Public Offense. (Ord. 83-75 § 2, 1983.)
9.11.090 Giving a False Alarm. The giving a false alarm is:
(1) Initiating or circulating a report or warning of an impending bombing or other crime or
catastrophe, knowing that the report or warning is baseless and under such circumstances that it is
likely to cause evacuation of a building, place of assembly, or facility of public transport or to cause
public inconvenience or alarm;
(2) Transmitting in any manner to the fire department of any city, township or other
municipality a false alarm of fire, knowing at the time of such transmission that there is no
reasonable ground for believing that such fire exists; or
(3) Making a call in any manner for emergency service assistance, including police, fire,
medical or other emergency service provided under K.S.A. 12-5301, et seq., and amendments thereto,
knowing at the time of such call there is no reasonable ground for believing such assistance is
needed.
(4) Giving a false alarm is a Class A Public Offense. (Ord. 93-09 § 21, 1993; Ord. 83-75 § 2,
1983.)
9.11.100 Criminal Desecration. Criminal desecration is:
(1) Obtaining or attempting to obtain unauthorized control of a dead body or remains of any
human being or the coffin, urn or other article containing a dead body or remains of any human being
or the coffin, urn or other article containing a dead body or remains of any human being.
(2) By means other than by fire or explosive:
(a) Damaging, defacing or destroying the flag, ensign or other symbol of the United
States or the state in which another has a property interest without the consent of other such
persons;
(b) Damaging, defacing or destroying any public monument or structure;
(c) Damaging, defacing or destroying any tomb, monument, memorial, marker,
grave, vault, crypt, gate, tree, shrub, plant or other property in a cemetery; or
(d) Damaging, defacing or destroying any place of worship.
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(3) Criminal desecration as described in subsections (2)(b), (2)(c) and (2)(d) is a Class A
Public Offense if the property is damaged to the extent of less than One Thousand Dollars
($1,000.00).
(4) Criminal desecration as described in Section (1) and subsection (2)(a) is a Class A Public
Offense. (Ord. 06-71 § 10, 2006; Ord. 05-103 § 3, 2005; Ord. 93-09 § 22, 1993; Ord. 83-75 § 2,
1983.)
9.11.110 Desecrating a Dead Body. Desecrating a dead body is knowingly and without
authorization of law:
(a) Opening a grave or other place of interment or sepulcher with intent to remove the dead
body or remains of any human being or any coffin, vestment or other article interred with such body;
or
(b) Removing the dead body or remains of any human being, or the coffin, vestment or other
article interred with such body, from the grave or other place of interment or sepulcher; or
(c) Receiving the dead body or remains of any human being knowing the same to have been
disintered unlawfully.
Desecrating a dead body is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.11.120 Harassment by Telecommunications Device.
A.
Harassment by telecommunications is the use of:
1. A telecommunications device to:
a. knowingly make or transmit any comment, request, suggestion, proposal,
image or text which is obscene, lewd, lascivious, or indecent;
b. make or transmit a call, whether or not conversation ensues, with the
intent to abuse, threaten or harass any person at the receiving end;
c. make or transmit any comment, request, suggestion, proposal, image or
text with the intent to abuse, threaten or harass any person at the receiving end;
d. make or cause to a telecommunication device to repeatedly ring or activate
with the intent to harass any person at the receiving end;
e, knowingly play any recording on a telephone, except recordings such as
weather information or sports information, when the number thereof is dialed, unless
the person or group playing the recording shall be identified and state that it is a
recording; or
f. knowingly permit any telecommunications device under one’s control to
be used in violation of this section.
2. Telefacsimile communication to send or transmit such communication to a court
in the state of Kansas for a use other than court business, with no requirement of culpable
mental state.
B. As used in this section, telecommunications device includes telephones, cellular
telephones, telefacsimile machines and any other electronic device which makes use of an electronic
communication service, as defined in K.S.A. 22-2514, and amendments thereto.
Harassment by telecommunications device is a Class A Public Offense. (Ord. 11-47 § 10, 2011; Ord.
93-09 § 23, 1993; Ord. 83-75 § 2, 1983.)
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9.11.130 Desecration of Flags. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 83-75 § 2, 1983.)
9.11.140 Desecrating a Cemetery. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 83-75 § 2,
1983.)
9.11.145 Loud Sound Amplification Systems Prohibited. Repealed 2/16/99. (Ord 99-24 § 25,
1999; Ord. 95-50 § 1, 1995.)
9.11.150 Unlawful Noise Disturbance.
A. It shall be unlawful for any person to make, continue, maintain, authorize or
cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of others within the City of Olathe.
B. It shall be unlawful for any person to use, operate or permit the use or operation
of any electronic device, radio receiving set, musical instrument, phonograph, loud speaker
or other machine or device for the producing, reproducing, or amplification of sound in such
manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any
time with louder volume than is necessary for convenient hearing for the person or persons
who are in the room, vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereto. "Neighboring inhabitants" shall include persons living or
occupying single or multiple-family dwellings, including but not limited to, inhabitants,
guests or occupants of apartments, high-density residential districts, hotels, motels and other
places of temporary housing or lodging.
C. Prima facie violation. The operation of any electronic device, set, instrument,
television, phonograph, machine or other sound-producing, reproducing or amplification
device at any time between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to be
plainly audible at a distance of fifty (50) or more feet from the sound source or plainly
audible at the adjacent property line, whether such adjacent property consists of single or
multi-family dwellings, including, but not limited to, multiple-unit dwellings, apartments,
high-density residential districts, hotels, motels and other places of temporary housing or
lodging, shall be prima facie evidence of a violation of this section. “Plainly audible” shall
mean any sound which can be heard at a distance of fifty (50) feet or more by the auditory
senses. Words or phrases need not be discernible and bass reverberations are an included
sound source.
D. Upon a first conviction, Unlawful Noise Disturbance is a Class C Public Offense
punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00), or by imprisonment in the county jail for not more than thirty (30) days,
or by both such fine or imprisonment.
E. Upon a second or subsequent conviction, Unlawful Noise Disturbance is a Class
B Public Offense and shall be punishable by a fine of not less than Five Hundred Dollars
($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the
county jail for not more than one hundred eighty (180) days, or by both such fine or
imprisonment. (Ord. 09-31 § 1, 2009; Ord. 83-75 § 2, 1983.)
9.11.160 Stalking.
A.
Stalking is:
1.
Intentionally or recklessly engaging in a course of conduct targeted at a
specific person which would cause a reasonable person in the circumstances of the targeted
person to fear for such person’s safety, or the safety of a member of such person’s immediate
family and the targeted person is actually placed in such fear;
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2.
Intentionally engaging in a course of conduct targeted at a specific person
which the individual knows will place the targeted person in fear for such person’s safety or
the safety of a member of such person’s immediate family.
B.
Upon a first conviction, stalking as described in subsection A 1 or A 2 is a Class A
public offense. Second or subsequent convictions constitute felonies.
C.
For the purposes of this section, a person served with a protective order as defined
by K.S.A. 21-3843, and amendments thereto, or a person who engaged in acts which would
constitute stalking, after having been advised by a uniformed law enforcement officer, that such
person’s actions were in violation of this section, shall be presumed to have acted intentionally as to
any like future act targeted at the specific person or persons named in the order or as advised by the
officer.
D.
In a criminal proceeding under this section, a person claiming an exemption,
exception or exclusion has the burden of going forward with evidence of the claim.
E.
As used in this section:
1.
Course of conduct means two or more acts over a period of time, however
short, which evidence a continuity of purpose. A course of conduct shall not include
constitutionally protected activity nor conduct that was necessary to accomplish a legitimate
purpose independent of making contact with the targeted person. A course of conduct shall
include, but not be limited to, any of the following acts or a combination thereof:
a.
Threatening the safety of the targeted person or a member of such
person’s immediate family;
b.
Following, approaching or confronting the targeted person or a
member of such person’s immediate family;
c.
Appearing in close proximity to, or entering the targeted person’s
residence, place of employment, school or other place where such person can be
found, or the residence, place of employment or school of a member of such person’s
immediate family;
d.
Causing damage to the targeted person’s residence or property or
that of a member of such person’s immediate family;
e.
Placing an object on the targeted person’s property or the property of
a member of such person’s immediate family, either directly or through a third
person;
f.
Causing injury to the targeted person’s pet or a pet belonging to a
member of such person’s immediate family; or
g.
Any act of communication.
2.
Communication means to impart a message by any method of transmission,
including, but not limited to: telephoning, personally delivering, sending or having delivered,
any information or material by written or printed note or letter, package, mail, courier service
or electronic transmission, including electronic transmissions generated or communicated via
a computer.
3.
Computer means a programmable, electronic device capable of accepting
and processing data.
4.
Conviction includes being convicted of a violation of this section or being
convicted of a law of another state which prohibits the acts that this section prohibits.
5.
Immediate family means father, mother, stepparent, child, stepchild,
sibling, spouse or grandparent of the targeted person; any person residing in the household of
the targeted person; or any person involved in an intimate relationship with the targeted
person. (Ord. 09-59 § 5, 2009; Ord. 08-111 § 11, 2008; Ord. 99-24 § 35, 1999; Ord. 94-89
§ 1, 1994; Ord. 93-09 § 24, 1993.)
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9.11.170 Funeral Privacy; Unlawful Acts; Penalty.
A. This section shall be known as and may be cited as the Olathe Funeral Privacy Act.
B. The Governing Body finds that:
1. Family members have a personal stake in honoring and mourning their dead and
objecting to unwarranted public exploitation that, by intruding upon their own grief, tends to
degrade the rites and respect they seek to accord to the deceased person who was once their
own.
2. The state has a substantial interest in protecting the legitimacy of funerals and
ensuring freedom from disturbance.
3. Due to the nature of funerals, the funeral attendees constitute a captive audience.
4. Full opportunity exists under the terms and provisions of this section for the
exercise of freedom of speech and other constitutional rights at times other than within one
hour prior to, the scheduled commencement of a funeral, during a funeral, or within two
hours following the completion of a funeral.
C. The purposes of this section are to:
1. Protect the privacy of grieving families; and
2. preserve the substantial privacy interest in funerals.
D. As used in this section:
1. "Funeral" means the ceremonies, processions and memorial services held in
connection with the burial or cremation of a person.
2. "Public demonstration" means:
a. Any picketing or similar conduct, or
b. any oration, speech, use of sound amplification equipment or device, or
similar conduct that is not part of a funeral.
E. It is unlawful for any person to:
1. Engage in a public demonstration at any public location within 150 feet of any
entrance to any cemetery, church, mortuary or other location where a funeral is held or
conducted, within one hour prior to the scheduled commencement of a funeral, during a
funeral or within two hours following the completion of a funeral;
2. knowingly obstruct, hinder, impede or block another person's entry to or exit from
a funeral; or
3. knowingly impede vehicles which are part of a funeral procession.
A violation of this subsection is a class B public offense. Each day on which such violation occurs
shall constitute a separate offense.
F. If any provision of this section or the application thereof to any person or circumstances is held
invalid, the invalidity does not affect other provisions or applications of this section which can be
given effect without the invalid provisions or application. To this end the provisions of this section
are severable. (Ord. 11-47 § 11, 2011; Ord. 09-59 § 6, 2009; Ord. 08-111 § 4, 2008; Ord. 99-24 § 26,
1999)
9.11.180 Keeping Disorderly Premises. A person commits the crime of keeping a disorderly
premises if he/she shall permit, allow or encourage any offense against the public peace, as defined
in Section 9.11.010, to occur or continue on premises owned or controlled by him. Keeping
disorderly premises is a Class A Public Offense. (Ord. 04-88 § 1, 2004)
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9.11.190 Reporting Nuisance and Disorderly Premises Convictions to Licensing Authorities of
Clubs, Drinking Establishments and Cereal Malt Beverage Retailers.
(a) Upon a conviction of a violation of Olathe Municipal Code Sections 9.11.060, 9.11.070
or 9.11.180, and amendments thereto, for keeping disorderly premises for maintaining or permitting a
public nuisance on the premises of a club or drinking establishment licensed under the club and
drinking establishment act, the court shall report such conviction to the director of alcoholic beverage
control.
(b) Upon a conviction of a violation of Olathe Municipal Code Sections 9.11.060, 9.11.070
or 9.11.180, and amendments thereto, for keeping disorderly premises or for maintaining or
permitting a public nuisance on the premises of a retailer licensed under Chapter 7.14 of the Olathe
Municipal Code and K.S.A. 41-2701 et seq., and amendments thereto, the court shall report such
conviction to the Governing Body of the city which issued the license. (Ord. 05-103 § 4, 2005.)
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CHAPTER 9.12
OFFENSES AGAINST THE PUBLIC SAFETY
Sections:
9.12.010
9.12.020
9.12.030
9.12.040
9.12.050
9.12.060
9.12.070
9.12.080
9.12.090
9.12.100
9.12.110
9.12.120
9.12.130
9.12.140
9.12.150
9.12.160
9.12.170
9.12.180
9.12.185
9.12.190
9.12.200
9.12.210
9.12.220
9.12.230
9.12.240
9.12.250
Definitions.
Criminal Use of Weapons.
Criminal Disposal of Firearms.
Criminal Possession of a Firearm.
Unlawful Discharge of Firearms.
Air Gun, Air Rifle, Bow and Arrow; Slingshot.
Seizure of Weapon.
Unlawful Aiding, Abetting.
Possession of a Firearm by a Minor Prohibited; Exceptions. (Repealed 6/17/14)
Defacing Identification Marks of a Firearm. (Repealed 11/4/08)
Confiscation and Disposition of Weapons.
Failure to Register Sale of Explosives.
Failure to Register Receipt of Explosives.
Criminal Disposal of Explosives. (Repealed 2/16/99)
Criminal Possession of Explosives. (Repealed 2/16/99)
Carrying Concealed Explosives.
Unlawful Failure to Report Lost or Stolen Explosives.
Creating a Hazard.
Endangerment.
Unlawful Failure to Report a Wound.
Criminal Use of Explosives. (Repealed 2/16/99)
Drawing a Weapon Upon Another.
Sending or Placing a Hoax or Facsimile Explosive Device.
Carry Concealed Weapons; Prohibited Acts.
Carry Unconcealed Firearm; Prohibited Acts.
Liability.
9.12.010 Definitions. For the purposes of this chapter, the following terms shall have the meaning
ascribed to them in this section:
'Explosives' means any chemical compound, mixture or device, of which the primary purpose
is to function by explosion, and includes but is not limited to dynamite and other high explosives,
black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord and igniters.
'Firearm' means any loaded or unloaded pistol, revolver, rifle, shotgun or other weapon
which will or is designed to or may readily be converted to expel a projectile by the action of an
explosion, expanding gases or other combustion. This definition shall include devices using a fuelant
and ignition device to launch or shoot a potato or other projectile from a cylinder or similar device,
commonly known as 'spud or potato guns.' This term shall not include a firearm which has been
rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver
and which has been registered in the national firearms registration and transfer record in compliance
with 26 U.S.C. 5841, et seq., and any amendments thereto.
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‘Knife’ means a cutting instrument, including a sharpened or pointed blade, a dagger, dirk,
switchblade, stiletto, straight-edged “razor or any other dangerous or deadly cutting instrument of
like character.
'Minor' means a person who is under the age of eighteen (18) years.
'Weapon' means any instrument used or designed to be used to injure or kill someone,
including, but not limited to, any explosives, firearm, throwing star, or other instrument identified in
Sections 9.12.020 or 9.12.060. (Ord. 14-42 § 2, 2014; Ord. 13-22 § 1, 2013; Ord. 94-08 § 2, 1994;
Ord. 83-75 § 2, 1983.)
9.12.020 Criminal Use of Weapons.
A. Criminal use of weapons is knowingly:
1. selling, manufacturing, purchasing, possessing or carrying any bludgeon,
sandclub, metal knuckles or throwing star;
2. possessing with intent to use the same unlawfully against another, a dagger, dirk,
billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto, martial arts
fighting sticks, or any other dangerous or deadly weapon or instrument of like character;
3. carrying on one’s person or in any land, water or air vehicle, with intent to use the
same unlawfully, a tear gas or smoke bomb or projectile or any object containing a noxious
liquid, gas or substance;
4. setting a spring gun; or
5. possessing or transporting any incendiary or explosive material, liquid, solid or
mixture, equipped with a fuse, wick or any other detonating device, commonly known as a
Molotov cocktail or a pipe bomb.
B. Subsections A 1, 2, 3, and 5 shall not apply to or affect any of the following:
1. law enforcement officers, or any person summoned by any such officers to assist
in making arrests or preserving the peace while actually engaged in assisting such officer;
2. wardens, superintendents, directors, security personnel and keepers of prisons,
penitentiaries, jails or other institutions for the detention of persons accused or convicted of
crime, while acting within the scope of their authority;
3. members of the armed services or reserve forces of the United States or the
Kansas National Guard while in the performance of their official duty; or
4. manufacture of, transportation to, or sale of weapons to a person authorized under
1 through 3 of this subsection to possess such weapons.
C. It shall be a defense that the defendant is within an exemption.
D. As used in this section, “throwing star” means any instrument, without handles,
consisting of a metal plate having three or more radiating points with one or more sharp edges and
designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape,
manufactured for use as a weapon for throwing.
E. Criminal use of weapons is a Class A Public Offense. (Ord. 14-42 § 3, 2014; Ord. 13-33
§ 4, 2013; Ord. 10-71 § 1, 2010; Ord. 09-59 § 7, 2009; Ord. 06-44 § 1, 2006; Ord. 05-58 § 1, 2005;
Ord. 99-24 § 27, 1999; Ord. 94-08 § 2, 1994; Ord. 87-149 § 8, 1987; Ord 83-75 § 2, 1983; Ord. 93-09
§ 25, 1993.)
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9.12.030 Criminal Disposal of Firearms.
A. Criminal disposal of firearms is knowingly:
1. Selling, giving or otherwise transferring any firearm with a barrel less than 12
inches long to any person under 18 years of age;
2. Selling, giving or otherwise transferring any firearms to any person who is both
addicted to and an unlawful user of a controlled substance;
3. Selling, giving or otherwise transferring any firearm to any person who, within
the preceding five years, has been convicted of a felony, other than those specified in
subsection 6, under the laws of this or any other jurisdiction or has been released from
imprisonment for a felony and was found not to have been in possession of a firearm at the
time of the commission of the offense;
4. Selling, giving or otherwise transferring any firearm to any person who, within
the preceding 10 years, has been convicted of a felony to which this subsection applies, but
was not found to have been in the possession of a firearm at the time of the commission of
the offense, or has been released from imprisonment for such a crime, and has not had the
conviction of such crime expunged or been pardoned for such crime; or
5. Selling, giving or otherwise transferring any firearm to any person who has been
convicted of a felony under the laws of this or any other jurisdiction and was found to have
been in possession of a firearm at the time of the commission of the offense.
6. Subsection 4 shall apply to a felony under K.S.A. 21-3401, 21-3402, 21-3403, 213404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442,
21-3502, 21-3506, 21-3518, 21-3716, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, and
amendments thereto or K.S.A. 65-4127a, 65-4127b, or 65-4159 through 65-4165, and 657006, prior to such section’s repeal, or a crime under a law of another jurisdiction which is
substantially the same as such felony.
B. Criminal disposal of firearms is a Class A Public Offense. (Ord. 14-42 § 4, 2014; Ord.
10-71 § 2, 2010; Ord. 09-59 § 8, 2009; Ord. 99-24 § 28, 1999; Ord. 94-89 § 2, 1994; Ord. 94-08 § 2,
1994; Ord. 93-09 § 26 1993; Ord. 83-75 § 2, 1983.)
9.12.040 Criminal Possession of a Firearm.
A. Criminal possession of a firearm is:
1. Possessing any firearm by a person who is both addicted to and an unlawful user
of a controlled substance;
2. Possessing any firearm by any person, other than a law enforcement officer, in or
on any school property or grounds upon which is located a building or structure used by a
unified school district or an accredited nonpublic school for student instruction or attendance
or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through
12 or at any regularly scheduled school sponsored activity or event; or
3. Refusing to surrender or immediately remove from school property or grounds or
at any regularly scheduled school sponsored activity or event any firearm in the possession of
any person, other than a law enforcement officer, when so requested or directed by a duly
authorized school employee or any law enforcement officer.
4. It shall be unlawful to carry a firearm while under the influence of alcohol or
drugs or both.
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a. Possession of a firearm under the influence is knowingly possessing or
carrying a loaded firearm on or about such person, or within such person’s
immediate access and control while in a vehicle, while under the influence of alcohol
or drugs, or both, to such a degree as to render such person incapable of safely
operating a firearm.
b. This section shall not apply to:
(1) A person who possesses or carries a firearm while in such
person’s own dwelling or place of business or on land owned or possessed
by such person; or
(2) the transitory possession or use of a firearm during an act
committed in self-defense or in defense of another person or any other act
committed if legally justified or excused, provided such possession or use
lasts no longer than is immediately necessary.
B. Subsection A 2 shall not apply to:
1. Possession of any firearm in connection with a firearms safety course of
instruction or firearms education course approved and authorized by the school;
2. Possession of any firearm specifically authorized in writing by the superintendent
of any unified school district or the chief administrator of any accredited nonpublic school;
3. Possession of a firearm secured in a motor vehicle by a parent, guardian,
custodian or someone authorized to act in such person's behalf who is delivering or
collecting a student; or
4. Possession of a firearm secured in a motor vehicle by a registered voter who is on
the school grounds, which contain a polling place for the purpose of voting during polling
hours on an election day;
5. Possession of a handgun by an individual who is licensed by the attorney general
to carry a concealed handgun under K.S.A. Supp. 75-7c01 et seq., and amendments thereto.
C. Violation of subsection A 1 or 2 is a Class B Public Offense. Violation of subsection A 3
or 4 is a Class A Public Offense. (Ord. 14-42 § 5, 2014; Ord. 10-71 § 3, 2010; Ord. 09-59 § 9, 2009;
Ord. 94-89 § 3, 1994; Ord. 94-08 § 2, 1994; Ord. 93-09 § 27, 1993; Ord. 83-75 § 2, 1983.)
9.12.050 Unlawful Discharge of Firearms.
A. Unlawful discharge of firearms is the reckless discharging or firing of any gun, rifle,
pistol, revolver or other firearm within the City. This section shall not be construed to apply:
1. To the discharge of firearms by any duly authorized law enforcement officer
when necessary in the discharge of his official duties;
2. To the discharge of a firearm by authorized law enforcement officers, animal
control officers or a person who has a wildlife control permit issued by the Kansas
department of wildlife, parks and tourism;
3. To the discharge of firearms in any licensed private or public shooting gallery or
range;
4. To a legitimate gunsmith in pursuit of his trade;
5. To any duly licensed hunter to fire or discharge only a pistol, revolver, rifle of not
more than .22 caliber or shotgun provided the requirements of 9.07.160 are complied with;
6. To firing squads for ceremonials or in connection with a public event if the
firearms will only discharge blank ammunition and provided that the Chief of Police
pursuant to subsection B approves the discharge of firearms;
7. To the discharge of a firearm in the lawful defense of one’s person, another
person or one’s property; or
8. To the discharge of a firearm in lawful self-defense or defense of another person
against an animal attack.
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B. Approval for ceremonial firing squads or public events shall be issued by the Chief of
Police or a designated representative upon application by the person, organization or sponsor of the
ceremonial or public event. The permit shall set forth with particularity the date and place the event
is to be held, the type of firearm, ammunition to be used and the time the discharge will occur. The
information must be provided to the Chief of Police at least twenty-four hours prior to the proposed
date of the firearms discharge provided the Chief of Police may approve the discharge on an
emergency basis as he or she deems appropriate. (Ord. 14-42 § 6, 2014; Ord. 13-33 § 5, 2013; Ord.
99-24 § 29, 1999; Ord. 94-08 § 2, 1994; Ord. 83-75 § 2, 1983.)
9.12.060 Air Gun, Air rifle, Bow and Arrow, Slingshot. The unlawful operation of an airgun, air
rifle, bow and arrow or slingshot is the shooting, discharging or operating of any air gun, air rifle,
bow and arrow, slingshot, BB gun, within the City, except within the confines of the building or
other structure from which the projectiles cannot escape or during participation in an accredited
educational or instructional program. Unlawful operation of an air gun, air rifle, bow and arrow or
slingshot is a Class C Public Offense. (Ord. 94-08 § 2, 1994; Ord. 83-75 § 2, 1983.)
9.12.070 Seizure of Weapon. The Chief of Police of the City or his or her duly authorized
representative is hereby empowered to seize and hold any air gun, air rifle, bow and arrow, slingshot
or BB gun used in violation of Section 9.12.060 and is further empowered to seize and hold as
evidence pending a hearing before a court of competent jurisdiction any air gun, air rifle, bow and
arrow, slingshot or BB gun used in violation of Section 9.12.060. (Ord. 94-08 § 2, 1994; Ord. 93-09
§ 28, 1993.)
9.12.080 Unlawful Aiding, Abetting.
(1) It shall be unlawful for any person to conspire to or aid and abet in the operation or
discharging or causing to be operated or discharged any air gun, air rifle, bow and arrow, BB gun or
slingshot except as provided in Section 9.12.060 within the City, whether individually or in
connection with one or more persons or as principal, agent or accessory, and it is further unlawful for
every parent or guardian of a minor child who willfully or knowingly permits or directs the operation
or discharge of any air gun, air rifle, bow and arrow, BB gun or slingshot by such minor child within
the City except as provided in Section 9.12.060.
(2) Violation of this Section is a Class C Public Offense. (Ord. 94-08 § 2, 1994; Ord. 93-09
§ 29, 1993.)
9.12.090 Possession of a Firearm by a Minor Prohibited, Exceptions. Repealed 6/17/2014.
(Ord. 14-42 § 7, 2014; Ord. 94-08 § 1, 1994.)
9.12.100 Defacing Identification Marks of a Firearm. Repealed 11/4/08. (Ord. 08-111 § 5, 2008;
Ord. 94-08 § 2, 1994; Ord. 83-75 § 2, 1983.)
9.12.110 Confiscation and Disposition of Weapons.
A. Upon conviction of a violation of Sections 9.12.020, 9.12.030 or 9.12.040 of this Code,
any weapon seized in connection therewith shall remain in the custody of the Olathe Police
Department as evidence.
B. Any stolen weapon seized under this Section and detained, when no longer needed for
evidentiary purposes, shall be returned to the person entitled to possession, if known.
C.
1. except as provided in subsections 2 and 3, any weapon or ammunition, in the
discretion of the court having jurisdiction of the property, shall be:
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a. Forfeited to the Olathe Police Department seizing the weapon for use
within such agency, for sale to a properly licensed federal firearms dealer, for trading
to a properly licensed federal firearms dealer for other new or used firearms or
accessories for use within such agency or for trading to another law enforcement
agency for that agency’s use;
b. forfeited to the Kansas bureau of investigation for law enforcement,
testing or comparison by the Kansas bureau of investigation forensic laboratory;
c. forfeited to a county regional forensic science center, or other county
forensic laboratory for testing, comparison or other forensic science purposes; or
d. forfeited to the Kansas department of wildlife, parks and tourism for use
pursuant to the conditions set forth in K.S.A. 32-1047, and amendments thereto.
2. Except as provided in subsection 3, any weapon which cannot be forfeited
pursuant to subsection 1 a due to the condition of the weapon, and any weapon which was
used in the commission of a felony as described in K.S.A. 2013 Supp. 21-5401, 21-5402, 215403, 21-5404 or 21-5405, and amendments thereto, shall be destroyed.
3. If a weapon is seized from an individual and the individual is not convicted of or
adjudicated as a juvenile offender for the violation for which the weapon was seized, then
within 30 days after the declination or conclusion of prosecution of the case against the
individual, including any period of appeal, the law enforcement agency that seized the
weapon shall verify that the weapon is not stolen, and upon such verification shall notify the
person from whom it was seized that the weapon may be retrieved. Such notification shall
include the location where such weapon may be retrieved.
4. If weapons are sold as authorized by subsection 1 a, the proceeds of the sale shall
be credited to the asset seizure and forfeiture fund of the Olathe Police Department.
5. For purposes of this section, the term ‘‘weapon’’ means any instrument used or
designed to be used to injure or kill someone, including, but not limited to, any explosives,
firearm, throwing star, or other instrument identified in Sections 9.12.020 or 9.12.060. (Ord.
14-42 § 8, 2014; Ord. 99-24 § 30, 1999; Ord. 94-08 § 2, 1994; Ord. 83-75 § 2, 1983.)
9.12.120 Failure to Register Sale of Explosives.
(1) Failure to register sale of explosives is the omission, by the seller of any explosive or
detonating substance, to keep a register of every sale or other disposition of such explosives made by
him as required by this Section.
(2) The register of sales required by this Section shall contain the date of the sale or other
disposition, the name, address, age and occupation of the person to whom the explosive is sold or
delivered, the kind and amount of explosive delivered, the place at which it is to be used and for what
purposes it is to be used. Said register and said record of sale or other disposition shall be open for
inspection by any law enforcement officer, mine inspector or fire marshal of this state for a period of
not less than one (1) year after said sale or other disposition.
(3) Failure to register sale of explosives is a Class A public Offence. (Ord. 94-08 § 2, 1994;
Ord. 83-75 § 2, 1983.)
9.12.130 Failure to Register Receipt of Explosives. Failure to register receipt of explosives is the
omission, by any person to whom delivery of any quantity of explosive or other detonating substance
is made, to acknowledge the receipt thereof by signing his name in the register provided in Section
9.12.120 on the page where the record of such delivery is entered.
Failure to register receipt of explosives is a Class B Public Offense. (Ord. 94-08 § 2, 1994; Ord. 8375 § 2, 1983.)
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9.12.140 Criminal Disposal of Explosives. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 94-89
§ 4, 1994; Ord. 94-08 § 2, 1994; Ord. 93-09 § 30, 1993; Ord. 83-75 § 2, 1983.)
9.12.150 Criminal Possession of Explosives. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord. 9408 § 2, 1994; Ord. 93-09 § 31, 1993; Ord. 83-75 § 2, 1983.)
9.12.160 Carrying Concealed Explosives. Carrying concealed explosives is carrying any explosive
or detonating substance on the person in a wholly or partly concealed manner.
Carrying concealed explosives is a Class A Public Offense. (Ord. 12-38 § 11, 2012; (Ord. 94-08 § 2,
1994; Ord. 83-75 § 2, 1983.)
9.12.170 Unlawful Failure to Report Lost or Stolen Explosives. Unlawful failure to report lost or
stolen explosives is the failure by and owner, seller or other custodian of explosives, to report lost,
misplaced or stolen explosives or explosives otherwise unaccounted for, within ten (10) days of
discovering the loss or theft of said explosives. Unlawful failure to report lost or stolen explosives is
a Class B Public Offense. (Ord. 94-08 § 2 1994; Ord. 83-75 § 2, 1983.)
9.12.180 Creating a Hazard.
(1) Creating a hazard is:
(a) Storing or abandoning in any place accessible to children, a container which has a
compartment of more than one and one-half cubic feet capacity and a door or lid which locks
or fastens automatically when closed and which cannot be easily opened from the inside, and
failing to remove the door, lock, lid or fastening device on such contained; or
(b) Being the owner or otherwise having possession of property upon which a
cistern, well or cesspool is located, and knowingly failing to cover the same with protective
covering of sufficient strength and quality to exclude human beings and domestic animals
therefrom; or
(c) Exposing, abandoning or otherwise leaving any explosive or dangerous substance
in a place accessible to children.
(2) Creating a hazard is a Class B Public Offense. (Ord. 94-08 § 2, 1994; Ord. 83-75 § 2,
1983.)
9.12.185 Endangerment. Endangerment is recklessly exposing another person to a danger of great
bodily harm or death.
Endangerment is a Class A Public Offense. (Ord. 12-38 § 15, 2012)
9.12.190 Unlawful Failure to Report a Wound.
(1) Unlawful failure to report a wound is the failure by an attending physician or other
person to report to the Police Department his or her treatment of:
(a) Any bullet wound, gunshot wound, powder burn or other injury arising from or
caused by the discharge of a firearm; or
(b) Any wound which is likely to or may result in death and is apparently inflicted by
a knife, ice pick or other sharp or pointed instrument.
(2) Unlawful failure to report a wound is a Class C Public Offense. (Ord. 94-08 § 2, 1994;
Ord. 93-09 § 32, 1993; Ord. 83-75 § 2, 1983.)
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9.12.200 Criminal Use of Explosives. (Ord. 99-24 § 35, 1999; Ord. 94-89 § 5, 1994; Ord. 94-08 §
2, 1994; Ord. 83-75 § 2, 1983.)
9.12.210 Drawing a Weapon Upon Another.
(a) Drawing a weapon upon another is the drawing of a pistol, revolver, knife or other
deadly weapon upon another person by a person not an officer of the law in execution of his or her
duty.
(b) It shall be a defense that the defendant was acting within the scope of K.S.A. 21-3211,
K.S.A. 21-3212, K.S.A. 21-3213, K.S.A. 21-3215 or K.S.A. 21-3216.
(c) Drawing a weapon upon another is a Class A Public Offense. (Ord. 99-24 § 31, 1999)
9.12.220 Sending or Placing a Hoax or Facsimile Explosive Device.
(1) It shall be unlawful:
(a) for any person to send, give, mail or cause to be delivered any facsimile or hoax
explosive device to another person, or cause such device to be placed in a public or private
place; or
(b) for any person to possess any facsimile or hoax device with the intent to cause
another person to fear for their personal safety or the safety of others.
(2) Sending or placing a hoax or facsimile explosive device is a Class A Public Offense.
(Ord. 99-24 § 32, 1999)
9.12.230 Carry Concealed Firearm; Prohibited Acts.
A. The carrying of a concealed handgun as authorized by the personal and family protection
act shall not be prohibited in municipal building unless such building has adequate security measures
to ensure that no weapons are permitted to be carried into such building and the building is
conspicuously posted in accordance with K.S.A. 2013 Supp. 75-7c10, and amendments thereto.
B. Any municipal building which contains both public access entrances and restricted access
entrances shall provide adequate security measures at the public access entrances in order to prohibit
the carrying of any weapons into such building.
C. No municipality shall prohibit an employee who is licensed to carry a concealed handgun
under the provisions of the personal and family protection act from carrying such concealed handgun
at the employee’s work place unless the building has adequate security measures and the building is
conspicuously posted in accordance with K.S.A. 2013 Supp. 75-7c10, and amendments thereto.
D. It shall not be a violation of the personal and family protection act for a person to carry a
concealed handgun into a municipal building so long as that person is licensed to carry a concealed
handgun under the provisions of the personal and family protection act and has authority to enter
through a restricted access entrance into such building which provides adequate security measures
and the building is conspicuously posted in accordance with K.S.A. 2013 Supp. 75-7c10, and
amendments thereto.
E. A municipality which provides adequate security measures in a municipal building and
which conspicuously posts signage in accordance with K.S.A. 2013 Supp. 75-7c10, and amendments
thereto, prohibiting the carrying of a concealed handgun in such building, as authorized by the
personal and family protection act, such municipality shall not be liable for any wrongful act or
omission relating to actions of persons licensed to carry a concealed handgun concerning acts or
omissions regarding such handguns.
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F. A municipality which does not provide adequate security measures in a municipal
building and which allows the carrying of a concealed handgun as authorized by the personal and
family protection act shall not be liable for any wrongful act or omission relating to actions of
persons licensed to carry a concealed handgun concerning acts or omissions regarding such
handguns.
G. Nothing in this act shall limit the ability of a corrections facility, a jail facility or a law
enforcement agency to prohibit the carrying of a handgun or other firearm concealed or unconcealed
by any person into any secure area of a building located on such premises, except those areas of such
building outside of a secure area and readily accessible to the public shall be subject to the provisions
of subsection B.
H. Nothing in this section shall limit the ability of the chief judge of each judicial district to
prohibit the carrying of a concealed handgun by any person into courtrooms or ancillary courtrooms
within the district provided that other means of security are employed such as armed law
enforcement or armed security officers.
I. The governing body or the chief administrative officer, if no governing body exists, of a
municipal building, may exempt the building from this section until January 1, 2014, by notifying the
Kansas attorney general and the law enforcement agency of the local jurisdiction by letter of such
exemption. Thereafter, such governing body or chief administrative officer may exempt a municipal
building for a period of only four years by adopting a resolution, or drafting a letter, listing the legal
description of such building, listing the reasons for such exemption, and including the following
statement: ‘‘A security plan has been developed for the building being exempted which supplies
adequate security to the occupants of the building and merits the prohibition of the carrying of a
concealed handgun as authorized by the personal and family protection act.’’ A copy of the security
plan for the building shall be maintained on file and shall be made available, upon request, to the
Kansas attorney general and the law enforcement agency of local jurisdiction. Notice of this
exemption, together with the resolution adopted or the letter drafted, shall be sent to the Kansas
attorney general and to the law enforcement agency of local jurisdiction. The security plan shall not
be subject to disclosure under the Kansas open records act.
J. The governing body or the chief administrative officer, if no governing body exists, of any
of the following institutions may exempt any building of such institution from this section for a
period of four years only by stating the reasons for such exemption and sending notice of such
exemption to the Kansas attorney general:
1. A municipal-owned medical care facility, as defined in K.S.A. 65-425, and
amendments thereto;
2. a municipal-owned adult care home, as defined in K.S.A. 39-923, and
amendments thereto;
3. a community mental health center organized pursuant to K.S.A. 19-4001 et seq.,
and amendments thereto;
4. an indigent health care clinic, as defined by K.S.A. 2013 Supp. 65-7402, and
amendments thereto; or
5. a postsecondary educational institution, as defined in K.S.A. 74-3201b, and
amendments thereto, including any buildings located on the grounds of such institution and
any buildings leased by such institution.
K. The provisions of this section shall not apply to any building located on the grounds of
the Kansas state school for the deaf or the Kansas state school for the blind.
L. For purposes of this section:
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July 2014
1. ‘‘Adequate security measures’’ means the use of electronic equipment and
personnel at public entrances to detect and restrict the carrying of any weapons into the
municipal building, including, but not limited to, metal detectors, metal detector wands or
any other equipment used for similar purposes to ensure that weapons are not permitted to be
carried into such building by members of the public. Adequate security measures for storing
and securing lawfully carried weapons, including, but not limited to, the use of gun lockers
or other similar storage options may be provided at public entrances.
2. The terms ‘‘municipality’’ and ‘‘municipal’’ are interchangeable and have the
same meaning as the term ‘‘municipality’’ is defined in K.S.A. 75-6102, and amendments
thereto, but does not include school districts.
3. ‘‘Restricted access entrance’’ means an entrance that is restricted to the public
and requires a key, keycard, code, or similar device to allow entry to authorized personnel.
4. ‘‘State’’ means the same as the term is defined in K.S.A. 75-6102, and
amendments thereto.
5. ‘‘Municipal building’’ means a building owned or leased by such public entity. It
does not include a building owned by a municipality which is leased by a private entity
whether for profit or not-for-profit or a building held in title by a municipality solely for
reasons of revenue bond financing. (Ord. 14-42 § 9, 2014; Ord. 07-135 § 11, 2007; Ord. 0644 § 2, 2006.)
9.12.240 Carry Unconcealed Firearm; Prohibited Acts.
A. Provided that the building is conspicuously posted in accordance with rules and
regulations adopted by the attorney general as a building where carrying an unconcealed firearm is
prohibited, it shall be unlawful to carry an unconcealed firearm into such building.
B. Nothing in this section shall be construed to prohibit a law enforcement officer, as
defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer’s
duties.
C. It shall be a violation of this section to carry an unconcealed firearm if the building is
posted in accordance with rules and regulations adopted by the attorney general pursuant to
subsection D. Any person who violates this section shall not be subject to a criminal penalty but may
be subject to denial to such premises or removal from such premises.
D.
1. The attorney general shall adopt rules and regulations prescribing the location, content,
size and other characteristics of signs to be posted on a building where carrying an unconcealed
firearm is prohibited pursuant to subsection A. Such regulations shall prescribe, at a minimum, that:
a. The signs be posted at all exterior entrances to the prohibited buildings;
b. the signs be posted at eye level of adults using the entrance and not more than 12 inches
to the right or left of such entrance;
c. the signs not be obstructed or altered in any way;
d. signs which become illegible for any reason be immediately replaced; and
e. except as provided in paragraph 2, signs shall include the following, which shall be
printed in large, conspicuous print: ‘‘The open carrying of firearms in this building is prohibited.
2. Such rules and regulations shall provide that the same signage used to prohibit the
carrying of concealed handguns under K.S.A. 75-c01 et seq., and amendments thereto, may be used
to also prohibit the carrying of unconcealed firearms. (Ord. 14-42 § 10, 2014.)
9.12.250 Liability. Neither the City, its employees, members of the City Council, employees from
other cities or county, or volunteers, shall be liable for any wrongful act or omission relating to the
actions of any person carrying a firearm, including employees of such municipality, concerning acts
or omissions regarding such firearm. (Ord. 14-42 § 11, 2014.)
9.69.4
July 2014
CHAPTER 9.13
OFFENSES AGAINST THE PUBLIC MORALS
Sections:
9.13.010
9.13.020
9.13.030
9.13.033
9.13.035
9.13.040
9.13.050
9.13.060
9.13.070
9.13.080
9.13.090
9.13.100
9.13.110
9.13.120
9.13.130
Promoting Obscenity.
Prohibition of Sex Bookstores, Coin-operated Motion Picture Devices Showing Sex
Movies, and Eating or Drinking Establishments Featuring Nude or Semi-Nude
Dancers, Strippers or Similar Entertainment.
Promoting Obscenity to Minors.
Material or Performances Harmful to Minors.
Promoting Sexual Performance by a Minor.
Gambling, Definitions.
Gambling.
Illegal Bingo Operation.
Commercial Gambling.
Permitting Premises to be Used for Commercial Gambling.
Dealing in Gambling Devices; Defense. (Repealed 2/16/99)
Possession of a Gambling Device; Defense.
Public Indecency.
Mixed Sex Nudity.
Cockfighting.
9.13.010 Promoting Obscenity.
(1) Promoting obscenity is knowingly or recklessly:
(a) Manufacturing, issuing, selling, giving, providing, lending, mailing,
delivering, transmitting, publishing, distributing, circulating, disseminating,
presenting, exhibiting or advertising any obscene material; or obscene devices; or
(b) Possessing any obscene material or obscene device with intent to issue,
sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute,
circulate, disseminate, present, exhibit or advertise such material or device; or
(c) Offering or agreeing to manufacture, issue, sell, give, provide, lend, mail,
deliver, transmit, publish, distribute, circulate, disseminate, present, exhibit or
advertise any obscene material or obscene device; or
(d) Producing, presenting or directing an obscene performance or
participating in a portion thereof which is obscene or which contributes to its
obscenity.
(2) Evidence that materials or devices were promoted to emphasize their prurient
appeal shall be relevant in determining the question of the obscenity of such materials, or
devices. There shall be a presumption that a person promoting obscene materials or obscene
devices did so knowingly or recklessly if:
(a) The materials or devices were promoted to emphasize their prurient
appeal; or
(b) The person is not a wholesaler or promotes the materials or devices in the
course of the person's business.
(3)
(a) Any material or performance is "obscene" if:
(A) The average person applying contemporary community
standards would find that the material or performance, taken as a whole,
appeals to the prurient interest;
9.69.5
November 2012
(B) The average person applying contemporary community
standards would find that the material or performance has patently offensive
representations or descriptions of
(1) Ultimate sexual acts, normal or perverted, actual or
simulated, including sexual intercourse or sodomy, or
(2) Masturbation, excretory functions, sadomasochistic
abuse or lewd exhibition of genitals; and
(C) Taken as a whole, a reasonable person would find that the
material or performance lacks serious literary, educational, artistic, political
or scientific value.
(b) "Material" means any tangible thing which is capable of being used or
adapted to arouse interest, whether through the medium of reading, observation,
sound or other manner.
(c) "Obscene Device" means a device, including a dildo or artificial vagina
designed or marketed as useful primarily for the stimulation of human genital organs,
except such devices disseminated or promoted for the purpose of medical or
psychological therapy.
(d) "Performance" means any play, motion picture, dance or other exhibition
performed before an audience.
(e) "Sexual Intercourse" and "Sodomy" have the meanings provided by
K.S.A. 21-3501 and amendments thereto.
(f) "Wholesaler" means a person who sells, distributes or offers for sale or
distribution obscene materials or devices only for resale and not to the consumer and
who does not manufacture, publish or produce such materials or devices.
(4) It is a defense to a prosecution for obscenity that:
(a) The persons to whom the allegedly obscene material was disseminated,
or the audience to an allegedly obscene performance, consisted of persons or
institutions having scientific, educational or governmental justification for
possessing or viewing the same;
(b) The defendant is an officer, director, trustee or employee of a public
library and the allegedly obscene material was acquired by such library and was
disseminated in accordance with regular library policies approved by its governing
body; or
(c) The allegedly obscene material or obscene device was purchased, leased
or otherwise acquired by a public, private or parochial school, college or university,
and that such material was either sold, leased, distributed or disseminated by a
teacher, instructor, professor or other faculty member or administrator of such school
as a part of or incident to an approved course or program of instruction at such
school.
(5) The provisions of this section prescribing a criminal penalty for exhibit of any
obscene motion picture shown in a commercial showing to the general public shall not apply
to a projectionist, or assistant projectionist, if such projectionist or assistant projectionist has
no financial interest in the show or in its place of presentation other than regular employment
as a projectionist or assistant projectionist and no personal knowledge of the contents of the
motion picture. The provisions of this section shall not exempt any projectionist or assistant
projectionist from criminal liability for any act unrelated to projection of motion pictures in
commercial showings to the general public.
(6) Promoting obscenity is a Class A Public Offense on conviction of the first offense.
Conviction of second or subsequent offense is a felony. (Ord. 08-111 § 6, 2008; Ord. 06-71 § 11,
2006; Ord. 06-20 § 1, 2006; Ord. 88-123 § 6, 1988; Ord. 87-149 § 9, 1987; Ord. 83-75 § 2, 1983.)
9.69.6
November 2012
9.13.020 Prohibition of Sex Bookstores, Coin-operated Motion Picture Devises Showing Sex
Movies, and Eating or Drinking Establishments Featuring Nude or Semi-nude Dancers,
Strippers or Similar Entertainment.
(1) Purpose and intent. It is declared to be the purpose and intent of this section to protect the
public health, safety, welfare and morals of the community to promote the stability of property
values, and impose restrictions upon those activities which pander to gross sexuality in a manner that
would detract from the neighborhood, adversely affect the property values, increase crime and
violence, and be repugnant to the morals of the community. In recognition of the protections
afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this section
to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their
lack of morals upon the rest of the community; and further recognizing that those parts of a
community, which become centers of loose moral conduct, frequently become places of rowdiness,
criminality, and indecent behavior. It is further the belief that just as advertising is designed to
stimulate one's appetite for desiring goods or a service, an over-abundance of preoccupation with
sexual displays or material arouses the appetites of those so preoccupied and encourages violations
of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of
the community.
(2) Definitions.
(a) For the purpose of this section, "specified sexual activities" is defined as:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
(b) For the purposes of this section, "specified anatomical areas", is defined as:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region,
(b) Buttock, and
(c) Female breast below a point immediately above the top of the
areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
(c) For the purpose of this section, "eating or drinking establishments" are defined
as: any premises which may be open to the general public in which any food as defined by
K.S.A. 36-501 or any beverage is sold, distributed or consumed or any premises operated for
profit by a corporation, partnership or individual, to which members of such establishment
may resort for the consumption of food or any beverage and/or for entertainment.
(d) Book sales. No person, firm or corporation shall establish any bookstore or book
department of a store in which a substantial or significant portion of its stock in trade is in
books, magazines and other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas".
(e) Mini-motion picture displays. No person, firm or corporation shall offer for
viewing, for money consideration, movie or video films or pictures or other materials
distinguished or characterized by an emphasis on matters depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas" as herein specified for
observation by patrons therein.
9.69.7
November 2012
(f) Eating or drinking establishments. No person, firm or corporation shall feature or
permit dancers or any other employee or persons to be engaged in specified sexual activities
or to expose to view or display specified anatomical areas.
(g) Any person, firm or corporation violating any provision of this section shall be
guilty of a Class A Public Offense; and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues. (Ord. 93-09 § 33, 1993; Ord.
83-75 § 2, 1983.)
9.13.030 Promoting Obscenity to Minors.
(1) Promoting obscenity to minors is promoting obscenity as defined by Section
9.13.010 and amendments thereto, where the recipient of the obscene material or obscene
device or a member of the audience of an obscene performance is a child under the age of 18
years.
(2) It shall be an affirmative defense to any prosecution under this section that:
(a) The defendant had reasonable cause to believe that the minor involved
was 18 years old or over, and such minor exhibited to the defendant a draft card,
driver's license, birth certificate or other official or apparently official document
purporting to establish that such minor was 18 years old or more.
(b) The allegedly obscene material was purchased, leased or otherwise
acquired by a public, private or parochial school, college or university, and that such
material was either sold, leased, distributed or disseminated by a teacher, instructor,
professor or other faculty member or administrator of such school as part of or
incident to an approved course or program of instruction at such school.
(c) The defendant is an officer, director, trustee or employee of a public
library and the allegedly obscene material was acquired by a public library and was
disseminated in accordance with regular library policies approved by its governing
body.
(d) An exhibition in a state of nudity is for a bona fide scientific or medical
purpose, or for an educational or cultural purpose for a bona fide school, museum or
library.
(3) Promoting obscenity to minors is a Class A Public Offense on conviction of the first
offense. Conviction of second or subsequent offense is a felony. (Ord. 08-111 § 7, 2008; Ord. 06-20
§ 2, 2006; Ord. 87-149 § 10, 1987; Ord. 83-75 § 2, 1983.)
9.13.033 Material or Performances Harmful to Minors.
(1) No person having custody, control or supervision of any commercial establishment shall
knowingly:
(a) Display any material which is harmful to minors in such a way that minors, as a
part of the invited general public will be exposed to view such materials;
(b) Sell, furnish, present, distribute or disseminate to a minor, or otherwise allowing
a minor to view, with or without consideration, any material which is harmful to minors; or
(c) Present to a minor, or participate in presenting to a minor, with or without
consideration, any performance which is harmful to a minor; or
(d) Display, sell, furnish, present, distribute or disseminate to a minor or otherwise
allow a minor to view, with or without consideration, any device designed or marketed as
useful primarily for the stimulation of human genital organs.
(2) Violation of subsection (1) is a Class A Public Offense.
9.69.8
November 2012
(3) Notwithstanding the provisions of K.S.A. 21-3202 and amendments thereto to the
contrary, it shall be an affirmative defense to any prosecution under this section that:
(a) The allegedly harmful material or device was purchased, leased or otherwise
acquired by a public, private or parochial school, college or university, and that such material
or device was either sold, leased, distributed by a teacher, instructor, professor or other
faculty member or administrator of such school as part of or incidental to an approved course
or program or instruction at such school;
(b) The defendant is an officer, director, trustee or employee of a public library and
the allegedly harmful material or device was acquired by a public library and was
disseminated in accordance with regular library policies approved by its governing body;
(c) An exhibition in a state of nudity is for a bona fide scientific or medical purpose,
or for an educational or cultural purpose for a bona fide school, museum or library.
(d) With respect to a prosecution for an act described by subsection (1) (a), the
allegedly harmful material was kept behind blinder racks.
(e) With respect to a prosecution for an act described by subsection (1) (a) or (c), the
defendant had reasonable cause to believe that the minor was eighteen (18) years old or over,
and such minor exhibited to the defendant a draft card, driver's license, birth certificate or
other official or apparently official document purporting to establish that such minor was
eighteen (18) years old or more.
(f) With respect to a prosecution for an act described by subsection (1) (c), the
allegedly harmful performance was viewed by the minor in the presence of such minor's
parent or parents of such minor's legal guardian.
(g) With respect to prosecution for an act described by subsection (d), the minor (i)
presented to the defendant a prescription indicating that the device designed or marketed as
useful primarily for the stimulation of human genital organs was needed for medical or
psychological therapy; or (ii) the device was viewed by the minor in the presence of such
minor’s parent or legal guardian.
(4) As used in this section:
(a) "Blinder Rack" means device in which material is displayed in such a manner that
the lower two thirds of the material is not exposed to view.
(b) "Harmful to Minors" means that quality of any description, exhibition,
presentation or representation, in whatever form, of nudity, sexual conduct, sexual
excitement or sadomasochistic abuse when the material or performance, taken as a whole or,
with respect to a prosecution for an act described by subsection (1) (a), that portion of the
material that was actually exposed to the view of minors, has the following characteristics:
(1) The average adult person applying contemporary community standards
would find that the material or performance has a predominant tendency to appeal to
a prurient interest in sex to minors;
(2) The average adult person applying contemporary community standards
would find that the material or performance depicts or describes nudity, sexual
conduct, sexual excitement or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards in the adult community with respect to what is
suitable for minors; and
(3) A reasonable person would find that the material or performance lacks
serious literary, scientific, educational, artistic or political value for minors.
(c) "Material" means any book, magazine, newspaper, pamphlet, poster, print,
picture, figure, image, description, motion picture film, record, recording tape or videotape.
(d) "Minor" means any unmarried person under eighteen (18) years of age.
9.69.9
November 2012
(e) "Nudity" means the showing of the human male or female genitals, pubic area or
buttocks with less than a full opaque covering; the showing of the female breasts with less
than a full opaque covering of any portion thereof below the top of the nipple; or the
depiction of covered male genitals in a discernible state of sexual excitement.
(f) "Performance" means any motion picture, film, videotape, played record,
phonograph, tape recording, preview, trailer, play, show, skit, dance or other exhibition
performed or presented to or before an audience of one or more, with or without
consideration.
(g) "Sadomasochistic Abuse" means flagellation or torture by or upon a person clad
in undergarments, in a mask or bizarre costume or in the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
(h) "Sexual Conduct" means acts of masturbation, homosexuality, sexual intercourse
or physical contact with a person's clothed or unclothed genitals or pubic area or buttocks or
with a human female's breast.
(i) "Sexual Excitement" means the condition of human male or female genitals when
in a state of sexual stimulation or arousal.
(5) The provisions of this act shall not apply to a retail sales clerk if such clerk has no
financial interest in the materials or performance or in the commercial establishment displaying or
selling, furnishing, presenting, distributing or disseminating such materials or presenting such
performance other than regular employment as a retail sales clerk. The provisions of this section shall
not exempt any retail sales clerk from criminal liability for any act unrelated to regular employment
as a retail sales clerk.
(6) If any provisions or clause of this section or application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of the
section which can be given effect without the invalid provisions or application, and to this end the
provisions of this section are declared to be severable. (Ord. 06-20 § 3, 2006; Ord. 93-09 § 34, 1993;
Ord. 88-123 § 6, 1988.)
9.13.035 Promoting Sexual Performance by a Minor. Promoting sexual performance by a minor
is promoting any performance that includes sexually explicit conduct by a child under 18 years of
age, knowing the character and content of the performance.
Promoting sexual performance by a minor is a Class A Public Offense. (Ord. 87-149 § 11, 1987.)
9.13.040 Gambling, Definitions.
(1) A "bet" is a bargain in which the parties agree that, dependent upon chance, one stands to
win or lose something of value specified in the agreement. A bet does not include:
(a) Bona fide business transactions which are valid under the law of contracts,
including, but not limited to, contracts for the purchase or sale at a future date of securities or
other commodities, and agreements to compensation for loss caused by the happening of the
chance, including, but not limited to, contracts of indemnity or guaranty and life or health
and accident insurance;
(b) Offers of purses, prizes or premiums to the actual contestants in any bona fide
contest for the determination of skill, speed, strength or endurance, or to the bona fide
owners of animals or vehicles entered in such a contest;
(c) A lottery as defined in this section;
(d) Any bingo game by or for participants managed, operated or conducted in
accordance with the laws of the State of Kansas by an organization licensed by the State of
Kansas to manage, operate or conduct games of bingo.
(e) A lottery operated by the state pursuant to the Kansas Lottery Act; or
9.69.10
November 2012
(f) Any system of pari-mutuel wagering managed, operated and conducted in
accordance with the Kansas Pari-mutuel Racing Act; or
(g) Tribal gaming.
(2) A "lottery" is an enterprise wherein for a consideration the participants are given an
opportunity to win a prize, the award of which is determined by chance. As used in this subsection, a
lottery does not include a lottery operated by the state pursuant to the Kansas Lottery Act or tribal
gaming.
(3) "Consideration" as used in this section means anything which is a commercial or
financial advantage to the promoter or a disadvantage to the promoter or a disadvantage to any
participant. Mere registration without purchase of goods or services; personal attendance at places or
events, without payment of an admission price or fee; listening to or watching radio and television
programs; answering the telephone or making a telephone call and acts of like nature are not
consideration. As used in this subsection, consideration does not include:
(a) sums of money paid by or for participants in any bingo game managed, operated
or conducted in accordance with the laws of the State of Kansas by any bona fide nonprofit
religious, charitable, fraternal, educational or veteran organization licensed to manage,
operate or conduct bingo games under the laws of the State of Kansas and it shall be
conclusively presumed that such sums paid by or for such participants were intended by such
participants to be for the benefit of the sponsoring organizations for the use of such
sponsoring organizations in furthering the purposes of such sponsoring organizations, as set
forth in the appropriate paragraphs of subsection (c) or (d) of Section 501 of the Internal
Revenue Code of 1986 and as set forth in K.S.A. 79-4701 and amendments thereto;
(b) Sums of money paid by or for participants in any lottery operated by the state
pursuant to the Kansas Lottery Act;
(c) Sums of money paid by or for participants in any system of pari-mutuel wagering
managed, operated and conducted in accordance with the Kansas Pari-mutuel Racing Act;
and
(d) Sums of money paid by or for a person to participate in tribal gaming.
(4)
(a) “Gambling device” means:
1) Any so-called “slot machine” or any other machine, mechanical device,
electronic device or other contrivance an essential part of which is a drum or reel
with insignia thereon, and (i) which when operated may deliver, as a result of
chance, any money or property, or (ii) by the operation of which a person may
become entitled to receive, as the result of chance, any money or property.
2) Any other machine, mechanical device, electronic device or other
contrivance (including, but not limited to, roulette wheels and similar devices) which
is equipped with or designed to accommodate the addition of a mechanism that
enables accumulated credits to be removed, is equipped with or designed to
accommodate a mechanism to record the number of credits removed or is otherwise
designed, manufactured or altered primarily for use in connection with gambling,
and (i) which when operated may deliver, as the result of chance, any money or
property, or (ii) by the operation of which a person may become entitled to receive,
as the result of chance, any money or property;
3) Any subassembly or essential part intended to be used in connection with
any such machine, mechanical device, electronic device or other contrivance, but
which is not attached to any such machine, mechanical device, electronic device or
other contrivance as a constituent part; or
9.69.11
November 2012
4) Any token, chip, paper, receipt or other document which evidences,
purports to evidence or is designed to evidence participation in a lottery or the
making of a bet.
The fact that the prize is not automatically paid by the device does not affect
its character as a gambling device.
(b) Gambling device does not include:
1) Any machine, mechanical device, electronic device or other contrivance
used or for use by a licensee of the Kansas racing commission as authorized by law
and rules and regulations adopted by the commission or by the Kansas lottery or
Kansas lottery retailers as authorized by law and rules and regulations adopted by the
Kansas lottery commission;
2) Any machine, mechanical device, electronic device or other contrivance,
such as a coin-operated bowling alley, shuffleboard, marble machine (a so called
pinball machine), or mechanical gun, which is not designed and manufactured
primarily for use in connection with gambling, and (i) which when operated does not
deliver, as a result of chance, any money, or (ii) by the operation of which a person
may not become entitled to receive, as the result of the application of an element of
chance, any money;
3) Any so-called claw, crane, or digger machine and similar devices which
are designed and manufactured primarily for use at carnivals or county or state fairs;
or
4) Any machine, mechanical device, electronic device or other contrivance
used in tribal gaming.
(5) A "gambling place" is any place, room, building, vehicle, tent or location which is used
for any of the following:
Making and settling bets; receiving, holding, recording or forwarding bets or offers
to bet; conducting lotteries; or playing gambling devises. Evidence that the place has a
general reputation as a gambling place or that, at or about the time in question, it was
frequently visited by persons known to be commercial gamblers or known as frequenters of
gambling places is admissible on the issue of whether it is a gambling place.
(6) “Tribal gaming” has the meaning provided by K.S.A. 74-9802 and amendments thereto.
(7) “Tribal gaming commission” has the meaning provided by K.S.A. 74-9802 and
amendments thereto. (Ord. 06-20 § 4, 2006; Ord. 89-151 § 4, 1990; Ord. 83-75 § 2, 1983.)
9.13.050 Gambling. Gambling is:
(a) Making a bet; or
(b) Entering or remaining in a gambling place with intent to make a bet, to participate in a
lottery, or to pay a gambling device.
Gambling is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.13.060 Illegal Bingo Operation.
(1) Illegal bingo operation is the management, operation or conduct of games of bingo in
violation of the laws of the State of Kansas pertaining to the regulation, licensing and taxing of
games of bingo or rules and regulations, adopted pursuant thereto.
9.69.12
November 2012
(2) Illegal bingo operation is a Class A Public Offense. (Ord. 06-20 § 5, 2006; Ord. 83-75 §
2, 1983.)
9.13.070 Commercial Gambling. Commercial gambling is:
(a) Operating or receiving all or part of the earnings of a gambling place; or
(b) Receiving, recording, or forwarding bets or offers to bet or, with intent to receive, record, or
forward bets or offers to bet, possessing facilities to do so; or
(c) For gain, becoming a custodian of anything of value bet or offered to be bet; or
(d) Conducting a lottery, or with intent to conduct a lottery possessing facilities to do so; or
(e) Setting up for use or collecting the proceeds of any gambling device.
Commercial gambling is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.13.080 Permitting Premises to be Used for Commercial Gambling. Permitting premises to be
used for commercial gambling is intentionally:
(a) Granting the use or allowing the continued use of a place as a gambling place; or
(b) Permitting another to set up a gambling device for use in a place under the offender's
control.
Permitting premises to be used for commercial gambling is a Class B Public Offense. (Ord. 83-75 §
2, 1983.)
9.13.090 Dealing in Gambling Devices; Defense. Repealed 2/16/99. (Ord. 99-24 § 35, 1999; Ord.
89-151 § 5, 1990; Ord. 83-75 § 2, 1983.)
9.13.100 Possession of a Gambling Device; Defense.
(1) Possession of a gambling device is knowingly possessing or having custody or control, as
owner, lessee, agent, employee, bailee, or otherwise, of any gambling device.
(2) It shall be a defense to a prosecution under this section that the gambling device is an
antique slot machine and that the antique slot machine was not operated for gambling purposes while
in the owner's or the defendant's possession. A slot machine shall be deemed an antique slot machine
if it was manufactured prior to the year 1950.
(3) It shall be a defense to a prosecution under this section that the gambling device is
possessed or under custody or control of a manufacturer registered under the Federal Gambling
Devices Act of 1962 (15 U.S.C. 1171, et seq.) or a transporter under contract with such manufacturer
with intent to transfer for use:
(a) By the Kansas lottery or Kansas lottery retailers as authorized by law and rules
and regulations adopted by the Kansas Lottery Commission;
(b) by a licensee of the Kansas Racing Commission as authorized by law and rules
and regulations adopted by the Commission; or
(c) in a state other than the State of Kansas; or
(d) in tribal gaming.
(4) Possession of a gambling device is a Class B Public Offense. (Ord 06-20 § 6, 2006; Ord
89-151 § 6, 1990; Ord. 83-75 § 2, 1983.)
9.13.110 Public Indecency.
(1) It shall be unlawful for any person to knowingly or intentionally appear in a state of
nudity in a public place.
9.69.13
November 2012
(2) “Nudity” means the showing of the human male or female: genitals, pubic hair, buttocks,
anus, anal regions, natal cleft, perineum, or pubic hair region with less than a fully opaque covering;
the showing of the female breast with less than a fully opaque covering below a point immediately
above the top of the areola; the showing of the covered male genitals in a discernibly turgid state; the
exposure of any device, costume, or covering which gives the appearance of or simulates the genitals,
pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn
as a cover over the nipples and/or areola of the female breast which device simulates and give the
realistic appearance of nipples and/or areola.
(3) “Public Place” means any location frequented by the public, or where the public is
present or likely to be present, or where a person may reasonably be expected to be observed by
members of the public. Public places include, but are not limited to, streets, sidewalks, parks,
beaches, business and commercial establishments (whether for profit or not-for-profit and whether
open to the public at large or where entrance is limited by a cover charge or membership
requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and
meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used
solely as a private residence whether permanent or temporary in nature shall not be deemed a public
place. Public place shall not include enclosed single sex public restrooms, enclosed single sex
functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms
designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals and
similar places in which nudity or exposure is necessarily and customarily expected outside of the
home and the sphere of privacy constitutionally protected therein; nor shall it include a person
appearing in a state of nudity in a modeling class operated by: (1) a proprietary school, licensed by
the State; a college, junior college or university supported entirely or partly by taxation; or (2) a
private college or university which maintains and operates educational programs in which credits are
transferable to a college, junior college or university supported entirely or partly by taxation or an
accredited private college.
(4) The prohibition set forth in subsection (1) shall not apply to:
(a) Any child under ten (10) years of age; or
(b) Any individual exposing a breast in the process of breastfeeding an infant under three
(3) years of age.
(c) Any theatrical production performed in a theater by a professional or amateur
theatrical or musical company which has serious artistic merit.
(5) Public Indecency is a Class B Public Offense. (Ord 00-102 § 4, 2000.)
9.13.120 Mixed Sex Nudity.
(1) It is unlawfully for any person to engage in the business of providing saunas, bathing,
soaking or hot tubs, showers, whirlpools or exercise equipment where persons of both sexes may use
the same facility or separate facilities in view of each other, at the same time while in the nude.
(2) This section shall not apply to licensed hotels or motels which provide tubs or showers in
private hotel or motel rooms for incidental use by persons who rent such rooms. (Ord 07-135 § 12,
2007.)
9.13.130 Cockfighting.
A. Unlawful possession of cockfighting paraphernalia is possession of spurs, gaffs, swords,
leather training spur covers, or anything worn by a gamecock during a fight to further the killing
power of such gamecock.
B. Unlawful attendance of cockfighting is entering or remaining on the premises where the
unlawful conduct of cockfighting is occurring. (K.S.A. 21-431 9, as amended)
9.69.14
November 2012
Unlawful possession of cockfighting paraphernalia is a Class A violation.
Unlawful attendance of cockfighting is a Class B violation. (Ord. 09-59 § 14, 2009)
9.69.15
November 2012
CHAPTER 9.14
MISCELLANEOUS PROVISIONS
Sections:
9.14.010
9.14.020
9.14.030
9.14.040
9.14.050
9.14.060
9.14.070
9.14.080
9.14.090
9.14.100
9.14.110
9.14.120
9.14.130
False Membership Claim.
Unlawful Dog Fighting.
Open Burning Prohibited.
Burning on Streets Prohibited.
Obstructing Fire Hydrant.
Unattended Children in Vehicles.
Obstructing Streets or Sidewalks.
Encroachments Upon Public Lands.
Train Blocking Crossings. (Repealed 2/16/93)
Urination in Public Prohibited.
Urban Deer Management
Traffic Control Sign Preemption Devices. (Repealed 12/4/07)
Alcohol without Liquid Prohibited
9.14.010 False Membership Claim. A false membership claim is falsely representing oneself to be
a member of a fraternal, veteran's organization or a private club, licensed to serve alcoholic liquors
for consumption upon the premises, pursuant to the laws of the State of Kansas.
False membership claim is a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.14.020 Unlawful Dog Fighting.
A.
Unlawful dog fighting is:
1.
Causing, for amusement or gain, any dog to fight with or injure another dog;
2.
Knowingly permitting such fighting or injuring on premises under one's
ownership, charge or control; or
3.
Training, owning, keeping, transporting or selling any dog for the purpose or
with the intent of having it fight with or injure another dog.
B.
Unlawful possession of dog fighting paraphernalia is possession of any braking stick,
treadmill, wheel, hot walker, cat mill, cat walker, jenni, or other paraphernalia together with evidence
that the paraphernalia is being used or is intended for use in the unlawful conduct of dog fighting.
C.
Unlawful attendance of dog fighting is entering or remaining on the premises where
the unlawful conduct of dog fighting is occurring.
D.
Unlawful conduct of dog fighting is a Class A Public Offense.
E.
Unlawful possession of dog fighting paraphernalia is a Class A Public Offense.
F.
Unlawful attendance of dog fighting is a Class B Public Offense. (Ord. 09-59 § 10,
2009; Ord. 93-09 § 35, 1993; Ord. 83-75 § 2, 1983.)
9.14.030 Open Burning Prohibited.
(a) It shall be unlawful for any person to dispose of refuse by open burning or to cause, allow
or permit open burning within the city.
(b) This section shall apply to the disposal of trade wastes or any refuse by open burning by
commercial facilities as well as residential or private entities.
Open burning is an Unclassified Public Offense. (Ord. 83-75 § 2, 1983.)
9.69.16
July 2013
9.14.040 Burning on Streets Prohibited. No person shall burn any combustible matter of any kind
on any paved street within the city. No person shall throw or place any gasoline, kerosene or any
substance likely to damage any paved street upon any street within the city. Burning on streets is an
Unclassified Public Offense. (Ord. 83-75 § 2, 1983.)
9.14.050 Obstructing Fire Hydrant. No person shall place or cause to be placed upon or about any
fire hydrant any rubbish, building material, fence or other obstruction in any manner to obstruct,
hinder or delay the Fire Department in the performance of its duties. Nor shall any person hitch or
cause to be hitched to any fire hydrant any animal, nor fasten to the hydrant any guy rope or brace,
nor back or stand any wagon, truck, automobile or other vehicle within fifteen (15) feet of any such
hydrant. Obstructing a fire hydrant is an Unclassified Public Offense. (Ord. 83-75 § 2, 1983.)
9.14.060 Unattended Children in Vehicles. No child under the age of eighteen (18) years of age
shall be locked in an unattended vehicle by any adult unless such child has the present ability to
release himself from such vehicle. Violation of this section shall be an Unclassified Public Offense.
(Ord. 83-75 § 2, 1983.)
9.14.070 Obstructing Streets or Sidewalks. It shall be unlawful for any person to obstruct in any
manner any street, alley or sidewalk within the city. This section applies to the placing of benches or
other obstructions upon sidewalks. Obstructing streets or sidewalks is an Unclassified Public
Offense. (Ord. 83-75 § 2, 1983.)
9.14.080 Encroachments Upon Public Lands.
(a)
Violation. It is unlawful for any person to install, erect, construct, maintain or
permit an encroachment structure (as defined herein) or to place manmade or natural materials (as
defined in Section 12.21.010 of the Olathe Municipal Code) in, upon, under or over public lands,
including, but not limited to, a public street, public highway, public right-of-way, public building,
public park(s) and recreational area(s), or other public property. It shall be the duty and
responsibility of any person responsible for the installation, erection, construction, or maintenance of
an encroachment structure to remove such structures from public lands and restore the public lands to
its original condition. In addition, any encroachment that is not removed as provided by this section
is hereby declared a nuisance.
(b)
Definition. “Encroachment structures” shall include but not be limited to any tower,
pole, poleline, pipe, pipeline, fence, billboard stand or building, retaining wall, play court, play field,
playground equipment, irrigation structure or sprinkler system, trench, storage structure, garden,
landscaping, trampoline, gazebo, swimming pool, curbing, paving, or other object, structure, or
personal property.
(c)
Application. This section shall not apply to any encroachment structure installed,
erected, constructed or maintained with approval of the Governing Body.
(d)
Right of Entry. Any authorized officer or agent of the City, pursuant to this
chapter, shall be allowed to enter onto any land within the City limits to investigate violations of this
chapter or for the abatement of violations pursuant to this chapter.
(e)
Responsible Party. The owner, representative, tenant or occupant of real property
to which the encroachment structure is appurtenant, or the person responsible for installing, erecting,
constructing or maintaining encroachment structures on public lands shall be responsible for the
abatement of any unlawful acts defined by Section 9.14.080 (a).
(f)
Public Officer; Notice to Abate. The City Manager shall designate a public officer
to be charged with the administration and enforcement of this section. The public officer shall
authorize the investigation of violations of this section. If it is determined that a violation of this
section exists, then the officer or authorized designee shall send a notice to remove the encroachment
structure to the responsible party by certified mail, return receipt requested, to the last known address
of such responsible party.
9.69.17
July 2013
(g)
Notice Requirements. The notice to remove the encroachment structure shall state:
(1) A common and/or legal description of the property adjacent to the encroachment
structure and aerial photo of such property and the encroachment structure;
(2) The encroachment is in violation of the provisions of this section;
(3) A description of the nature of the violation that would reasonably allow the
responsible party to determine the nature of the violation to allow for self-abatement;
(4) The responsible party [in accordance with Section 9.14.080 (e)] shall have ten
(10) days from the date of the mailing of the notice to either remove and abate the violation of this
section or request a hearing before the City's designated representative on the matter;
(5) Upon written request received prior to the expiration of the notice period, the
responsible party may request a hearing before a designated hearing officer of the City;
(6) If the responsible party fails to correct the violation or request a hearing within
ten (10) days of the mailing of notice, the City or its authorized agent will remove and abate the
violation of this section by reasonable means and assess the costs of removal, including reasonable
administrative costs, against such person. Notice of the total cost of such abatement shall be
provided to the responsible party by certified mail, return receipt requested, or personal service.
Total costs include, but are not limited to boundary surveys, construction permit fees, engineering or
architectural fees, contracts, City staff time, demolition, removal, restoration, two-year maintenance
costs, legal fees and accrued interest if payment is not received within thirty (30) days of invoice;
(7) If the total costs of removal are not paid within thirty (30) days, the costs will be
added to the property tax of the responsible party as a special assessment in accordance with Charter
Ordinance No. 71 ; and
(8) If any special assessments levied by the City in accordance with this chapter and
Charter Ordinance No. 71 remain unpaid for a period of one (1) year or more after their initial levy,
the City may collect the amount due in the same manner as a personal debt of the property owner to
the City by bringing an action in the Johnson County District Court. Such actions may be
maintained, prosecuted and all proceedings taken, including any award of post-judgment interest, in
accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the
enforcement of an action for debt. All provisional remedies available in such actions shall be
available to the City in the enforcement of the payment of such obligations. In such actions the City
also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments
thereto, from and after the date a delinquency occurs in the payment of special assessments levied
under this chapter. The City may pursue collection both by levying a special assessment and in the
manner provided by this section, but only until the full cost and any applicable interest has been paid
in full. The City may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by
bringing an action in the appropriate court as a personal debt. The City may pursue both assessment
and collection at the same time until the full cost, including applicable interest, court costs, attorneys'
fees and administrative costs have been paid in full.
(h)
Abatement of Immediate Threat to the Public Health, Safety, and/or Welfare.
When in the opinion of the public officer an immediate threat to the public health, safety, and/or
welfare exists as a result of the existence and condition of an encroachment structure such officer
may erect barricades or cause the encroachment structure to be taken down or otherwise made safe
without delay and such action may, under such circumstances, be taken without prior notice to or
hearing of the owners, agents or lienholders. The costs of any such action shall be assessed and paid
in the manner set out in this section.
9.69.18
July 2013
(i)
Abatement Hearing. If the responsible party makes a written request for hearing
within the notice period, then the City shall immediately schedule a hearing during a regular business
day within ten (10) calendar days from the receipt of the written request. The hearing shall be
conducted by a designated hearing officer appointed by the City Manager who shall not be a
subordinate of the officer who issued the notice of removal or conducted the investigation. The
hearing officer shall receive evidence, review the investigation and prepare a written order. The
order shall be sent by certified mail to all relevant parties within ten (10) days of the hearing (unless
otherwise stated at the hearing) and prior to the City taking any action to abate the violation. The
order shall describe the relevant facts relied upon, state the specific code provisions being relied
upon should a violation be found, and state any such other stipulations, methods of abatement or
orders as deemed necessary by the hearing officer.
In the event that the property boundary is disputed, the property owner may, at the owner’s
expense, commission a boundary survey by a licensed and qualified surveyor. If there is a bona fide
dispute as to the boundary, the City shall wait a reasonable time for the survey to be completed.
(j)
Abatement by City. If the responsible party fails to request a hearing and fails to
remove the violations within the notice period, then the City shall go onto the property to remove the
violation in a reasonable manner. The City shall not be responsible for damage to property due to
reasonable methods of gaining entrance onto the property or for damages to property in the
reasonable exercise of its duty to the public to remove the violations. The City may use its own
employees or contract for services to abate violations of this section.
(k)
Action in Municipal Court. If an authorized public officer determines that a
violation of this section exists, the officer may file a complaint with the Olathe Municipal Court for
such violation. No other procedures are required as a prerequisite to the filing of a complaint.
(l)
Penalty.
(1)
Violation of this section shall be a Class B Public Offense.
(2)
Prosecution of any offender under this section does not limit the City’s right
to pursue assessment or collection of costs as stated in this section, or by other laws.
(3)
separate offense.
Each day that any violation of this section continues shall constitute a
(4)
The City shall further have the authority to maintain suits or actions in any
court of competent jurisdiction for the purpose of enforcing any provision of this section and to seek
civil penalties, and to abate nuisances maintained in violation thereof, and in addition to other
remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such
unlawful nuisance or condition. (Ord. 13-23 § 1, 2013; Ord. 88-123 § 7, 1988; Ord. 83-75 § 2,
1983.)
9.14.090 Trains Blocking Crossings. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 83-75 § 2,
1983.)
9.14.100 Urination in Public Prohibited. It is unlawful for any person to urinate upon any street,
highway, alley, or upon the premises of any public place or building, or upon any private property in
open view of any person, except if such public place, building or private property has been
designated and designed as a restroom, lavatory or water closet. Urination in public is a Class C
Public Offense. (Ord. 83-75 § 2, 1983.)
9.14.110 Urban Deer Management. It shall be lawful to hunt deer in Olathe with a bow and arrow
under the following circumstances:
9.69.18A
July 2013
(1) The use of a bow and arrow to hunt deer will only be allowed on property approved by
the Governing Body. All requests for the hunting of deer with a bow and arrow shall be submitted to
the Governing Body by August 1st of each calendar year and, upon meeting the requirements
established in subsection (2) and (3) of this Ordinance, the Governing Body may approve by
resolution the property for the hunting of deer by bow and arrow.
(2) Prior to the issuance of a City Permit, the property owner must provide to the Olathe
Police Department a written report from the Kansas Department of Wildlife and Parks that makes a
determination that the property owner has a deer overpopulation, that the deer have caused property
damage and that they would recommend bow hunting to reduce the deer population and property
damage.
9.69.18B
July 2013
(3) The City of Olathe Police Department is authorized to issue City deer hunting permits. A permit
will not be issued and no hunting will be allowed without possessing the following and meeting the
conditions listed below:
(a) A Deer Hunting License and a Kansas Deer Tag issued by the State of Kansas (the “State
Permit”).
(b) Only the owner of the designated property or persons with the owner’s written
permission shall be eligible to receive a City Permit to bow hunt.
(c) The application for a City Permit shall be accompanied by a copy of the State License,
Deer Tag and an application fee. The application fee shall be adopted by the Governing Body of the
City by resolution.
(d) A Permit shall not be approved unless the Chief of Police or his or her designee finds that
the hunting will be in compliance with the ordinance.
(e) Hunting shall only be by those persons listed on the City Permit.
(f) No person shall make any payment to any person for the right to hunt or be listed on the
State License and City Permit.
(g) Persons shall at all times when hunting, pursuant to the City Permit, carry valid photo
identification and a copy of the City Permit and the State License.
(h) No arrow or other object used to hunt deer pursuant to the City Permit may be discharged
or projected at such an angle or distance as to land on public or private property not described in the
Permit.
(i) Issuance of the City Permit may be limited to a time and area more restrictive than the
State License allows.
(j) Any activity performed in conjunction with the issuance of the Permit, including but not
limited to field dressing or other handling of carcass, must occur on the property specified in the City
Permit.
(k) The transportation of a carcass along any public right-of-way, is prohibited, unless it is
covered and transported in a motor vehicle.
(l) All hunting shall be conducted from an elevated tree stand that is fifteen (15) feet or more
in height and faces the interior of the property identified by resolution for deer hunting and is
approved by the Police Department. The tree stands and shooting lanes will be located in such a way
as to direct arrows to the interior of the property and to prevent any arrow from landing closer than
fifty (50) yards to any property line identified by resolution for deer hunting.
(m) No bow hunting will be allowed unless the Police Department establishes a marked zone
that clearly defines where the bow hunting can occur including marking the tree stands and shooting
lanes.
(n) No bow hunting will be allowed if any person that has been granted a State License and
City Permit has consumed cereal malt beverages, alcoholic liquor or any controlled substances
defined in Chapter 9.17 of the Olathe Municipal Code two hours prior to hunting or during hunting
activities.
(o) All adjacent property owners must be notified in writing that hunting will occur.
(p) Bow hunting will be allowed one half hour before sunrise to one half hour after sunset.
(q) No City Permit will be issued to any person under the age of eighteen (18).
(r) No person shall leave the property identified by resolution for deer hunting to pursue any
wounded deer.
(s) It shall be the responsibility of a bow hunter to inform the Police Department by
telephone that a wounded deer has left the property identified by resolution for deer hunting and to
inform the Police Department of the deer’s location.
(t) All wounded deer that exit the property identified by resolution for deer hunting shall be
retrieved by the Olathe Police Department. Upon retrieval, the Police Department will allow the bow
hunter to take possession of the deer as long as the deer was hunted in compliance with this
Ordinance.
(u) The Olathe Police Department, the Olathe Park Ranger and the State Wildlife official
shall have access to the property during all hunting hours.
9.69.19
November 2012
(v) All property owners shall submit to the Olathe Police Department a written report within
thirty (30) days of the completion of the permit period indicating the number of deer harvested,
specifying the number of antlered and antlerless deer, the date the deer were harvested and the person
that harvested the deer.
(w) At no time can a hunter remove more antlered deer than antlerless deer on the property
identified by resolution for deer hunting in compliance with this ordinance.
(x) Whenever deer hunting will take place adjacent to public property, open space, trails or
easements, or adjoining private property, the permittee shall post signs warning the public that deer
hunting is taking place. Such signs shall be posted prior to hunting and shall be approved by the
Police Chief.
(y) Permits to bow hunt in the City shall correspond to the archery and firearm season as
determined by the Kansas Department of Wildlife and Parks.
(z) City permits are not transferable.
(aa) Failing to comply with the ordinance requirements may result in the denial of future
permits.
(4) The Police Department may revoke the City Hunting Permit if a hunter violates any part of this
ordinance. Upon revocation of the Permit, the permittee may appeal the decision to the City
Manager.
(5) This ordinance shall supercede all other ordinances with which it may conflict.
(6) Violation of this Section is a Class C Public Offense. (Ord. 09-43 § 1, 2009; Ord. 05-52 § 1,
2005; Ord. 04-120 § 1, 2004; Ord. 04-57 § 1, 2004; Ord. 03-82 § 1, 2003; Ord. 02-103 § 1, 2002.)
9.14.120 Traffic Control Signal Preemption Devices. Repealed 12/4/07 (Ord. 07-135 § 13, 2007;
Ord. 04-85 § 4, 2004)
9.14.130 Alcohol without Liquid Prohibited.
(a) It shall be unlawful for any person to:
(1) Use any alcohol without liquid machine to inhale alcohol vapor or otherwise
introduce alcohol in any form into the human body; or
(2) Purchase, sell or offer for sale an alcohol without liquid machine.
(b) Violation of this section is a Class A Public Offense.
As used in this section, “alcohol without liquid machine” means a device designed or marketed for
the purpose of mixing alcohol with oxygen or another gas to produce a mist for inhalation for
recreational purposes. (Ord. 05-58 § 2, 2005)
9.69.20
November 2012
CHAPTER 9.15
OFFENSES AFFECTING BUSINESS AND COMMERCE
Sections:
9.15.010
9.15.020
9.15.030
9.15.040
9.15.050
Debt Adjusting.
Deceptive Commercial Practices.
Knowingly Employing an Illegal Alien.
Wasting Utilities.
Unlawful Tampering with Sewers.
9.15.010 Debt Adjusting.
(1) Debt adjusting is engaging in the business of making contracts, express or implied, with a
debtor whereby the debtor agrees to pay a certain amount of money periodically to the person
engaging in the debt adjusting business who shall for a consideration distribute the same among
certain specified creditors.
(2) The provisions of this act shall not apply to those situations involving debt adjusting, as
defined here, which is incidental to the lawful practice of law in this state.
(3) Debt adjusting is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.15.020 Deceptive Commercial Practices.
(1) A deceptive commercial practice is the act, use or employment by any person of any
deception, fraud, false pretense, false promise, or knowing misrepresentation of a material fact, with
the intent that others shall rely thereon in connection with the sale of any merchandise, whether or
not any person has in fact been misled, deceived or damaged thereby.
(2) The following definitions shall be applicable to this section:
(a) "Merchandise" means any objects, wares, goods, commodities, intangibles, real
estate or services.
(b) "Person" means any natural person or his legal representative, partnership,
corporation (domestic or foreign), company, trust business entity or association, and any
agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee
or cestui que trust thereof.
(c) "Sale" means any sale, offer for sale, or attempt to sell any merchandise for any
consideration.
(3) This section shall not apply to the owner or publisher of any newsletter, magazine, or
other printed matter wherein an advertisement appears, or to the owner or operator of a radio or
television station which disseminates an advertisement, when such owner, publisher or operator had
no knowledge of the intent, design or purpose of the advertisement.
(4) A deceptive commercial practice is a Class A Public Offense. (Ord. 83-75 § 2, 1983.)
9.15.030 Knowingly Employing an Illegal Alien.
(a) Knowingly employing an alien illegally within the territory of the United States is the
employment of such alien within the City of Olathe by an employer who knows such person to be
illegally within the territory of the United States. The provisions of this section shall not apply to
aliens who have entered the United States illegally and thereafter are permitted to remain within the
United States, temporarily or permanently, pursuant to federal law.
9.69.21
November 2012
(b) Knowingly employing an alien illegally within the territory of the United States is a Class
B Public Offense. (Ord. 83-75 § 2, 1983.)
9.15.040 Wasting Utilities. Wasting water, gas, etc., is willfully causing the waste of any water, gas,
steam or hot air conveyed by or through any pipe without the consent of the person owning or having
control of such pipe.
Wasting utilities is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.15.050 Unlawful Tampering with Sewers. It shall be unlawful for any person willfully to injure
or destroy, or attempt to injure or destroy any public sewer, or to molest any sewer or any part
thereof by removing the cover of any flush tank, manhole or any part of the public sewer system of
the city without authority.
Unlawful tampering with sewers is a Class B Public Offense. (Ord. 83-75 § 2, 1983.)
9.69.22
November 2012
CHAPTER 9.16
LAW ENFORCEMENT COMMUNICATIONS SECURITY
Sections:
9.16.010
9.16.020
9.16.030
9.16.040
Police Monitors.
Police Monitors Permits Required.
Permits not Transferrable.
Police Communication.
9.16.010 Police Monitors. It is unlawful for any person to install, equip or operate any motor
vehicle within this city with a police monitor, unless such motor vehicle is being used by the federal,
state, county or city government in the conduct of official business, a law enforcement officer, or
unless a permit for such police monitor has been issued as hereinafter prescribed. "Police monitor"
means any high frequency radio receiving set, either permanently installed or portable, capable of
receiving or intercepting any signal, message or communication sent out by any law enforcement
radio station. "Person" means any person, firm, partnership, corporation, association or any other
organization.
Violation of this section shall be a Class C Public Offense. (Ord. 83-75 § 2, 1983.)
9.16.020 Police Monitors--Permits Required.
(a) Any person desiring a permit to operate a police monitor in a motor vehicle in this city
shall file an application with the Police Department in writing, stating the name, address, telephone
number, date of birth, occupation, criminal history and other identification data of the applicant; the
license number, engine number and make and model of the motor vehicle in which it is desired to
install such police monitor; a recent photograph of the applicant and his fingerprints. The application
shall also state the reason(s) why it is desired to install such police monitor. The applicant shall pay
an annual fee for administrative costs of processing said application which shall be submitted at the
time an application is filed. Such fee shall be adopted by the Governing Body of the City by
resolution.
(b) If the Police Department finds that the police monitor will be used for a lawful purpose,
the department shall issue a permit authorizing installation and use of the police monitor. A new
application must be filed and a new permit obtained for each year a police monitor is used. The
permit must be carried by the permittee at all times such person is operating the motor vehicle which
is equipped with or which contains an authorized police monitor.
(c) The Police Department shall not issue a permit to any person having been convicted,
within the immediately preceding five (5) year period or subject to probation or parole at time of
application, for commission of any of the following offenses:
(1) A felony;
(2) Burglary;
(3) Theft or Larceny;
(4) Breaking and Entering; or
(5) Prowling.
(d) The Police Department shall not issue a permit to any person submitting false statements
or representations in an application required pursuant to this section. (Ord. 02-137 § 1, 2002; Ord.
00-120 § 1, 2000; Ord. 83-75 § 2, 1983.)
9.69.23
November 2012
9.16.030 Permits Not Transferrable. Any permit issued under the provisions of Section 9.16.020
shall not be transferable to any other person and any police monitor authorized to be installed and
used by any such permit shall not be placed in any other motor vehicle than the one described in the
application for such permit without first filing a new application and securing a new permit. In case
of a change in the license number of any motor vehicle for which a permit has been issued, the owner
of such vehicle shall inform the Police Department of such change within five (5) days after the
change is made. Provided, that no fee shall be charged when a permittee requests a new permit to
have a previously authorized monitor placed in a different motor vehicle. (Ord. 00-120 § 2, 2000;
Ord. 83-75 § 2, 1983.)
9.16.040 Police Communication. It is unlawful for any person, other than city employees and
Police Department officers in the line of duty, to respond or answer police radio calls, or to in any
way interfere with police radio calls, or to in any way interfere with police officers answering such
radio police calls. (Ord. 00-120 § 3, 2000; Ord. 83-75 § 2, 1983.)
9.69.24
November 2012
CHAPTER 9.17
CONTROLLED SUBSTANCES
Sections:
9.17.010
9.17.020
9.17.030
9.17.040
9.17.050
Possession of Marijuana; Controlled Substance; Penalties.
Control of Instruments Used for Inhaling or Ingestion of Controlled Substances or
Drugs and Control of Simulated Drugs and Simulated Controlled Substances
(Repealed).
Use or Possession of Controlled Substances, Simulated Controlled Substances and
Drug Paraphernalia; Penalties.
Inhalation of Certain Elements.
Unlawfully Obtaining a Prescription-Only Drug.
9.17.010 Possession of Marijuana; Controlled Substance; Penalties.
(a) It shall be unlawful for any person to manufacture, possess, have under such person’s
control, administer, deliver, distribute, dispense or compound marijuana.
(b) As used in this section, ‘marijuana’ means all parts of all varieties of the plant cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of the plant, its seeds or
resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the
sterilized seed of the plant which is incapable of germination.
(c) Upon a conviction, plea of no contest or guilty for violation of this section, the municipal
judge shall order such person to submit to and complete an alcohol and drug evaluation by a
community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and
amendments thereto, and to pay a fee not to exceed the fee established by that statute for such
evaluation. A diversion agreement based upon a violation of this section shall also require a person
to submit to and complete an alcohol and drug evaluation by a community based alcohol and drug
safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee
not to exceed the fee established. If the judge finds that person is indigent, the fee may be waived.
(d) Any person who violates this section shall be guilty of a Class A Public Offense. (Ord.
99-24 § 33, 1999; Ord 89-151 § 7, 1990; Ord. 83-75 § 2, 1983.)
9.17.020 Control of Instruments Used for Inhaling or Ingestion of Controlled Substances or
Drugs and Control of Simulated Drugs and Simulated Controlled Substances. Repealed. (Ord.
89-151 § 15, 1990; Ord. 83-75 § 2, 1983.)
9.17.030 Use or Possession of Controlled Substances, Simulated Controlled Substances and
Drug Paraphernalia; Penalties.
A.
Definitions. As used in this section:
1.
"Controlled substance" means any drug, substance or immediate precursor
included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111
and 65-4113, and amendments thereto.
2.
"Deliver" or "delivery" means actual, constructive or attempted transfer from
one person to another, whether or not there is an agency relationship.
9.69.25
November 2012
3.
"Drug paraphernalia" means all equipment, and materials of any kind which
are used or primarily intended or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body a controlled
substance in violation of the Uniform Controlled Substance Act. "Drug paraphernalia" shall
include, but is not limited to:
a.
Kits used or intended for use in planting, propagating, cultivating,
growing or harvesting any species of plant which is a controlled substance or from
which controlled substance can be derived.
b.
Kits used or intended for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances.
c.
Isomerization devices used or intended for use in increasing the
potency of any species of plant which is a controlled substance.
d.
Testing equipment used or intended for use in identifying or
analyzing the strength, effectiveness of purity of controlled substances.
e.
Scales and balances used or intended for use in weighing or
measuring controlled substances.
f.
Diluents and adulterants such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, which are used or intended for use in cutting
controlled substances.
g.
Separation gins and sifters used or intended for use in removing
twigs and seeds from or otherwise cleaning or refining marijuana.
h.
Blenders, bowls, containers, spoons and mixing devices used or
intended for use in compounding controlled substances.
i.
Capsules, balloons, envelopes, bags and other containers used or
intended for use in packaging small quantities of controlled substances.
j.
Containers and other objects used or intended for use in storing or
concealing controlled substances.
k.
Hypodermic syringes, needles and other objects used or intended for
use in parenterally injecting controlled substances into the human body.
l.
Objects used or primarily intended or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish, hashish oil,
phencyclidine (PCP), methamphetamine or amphetamine into the human body, such
as:
(1)
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
(2)
Water pipes, bongs or smoking pipes designed to draw
smoke through water or another cooling device;
(3)
Carburetion pipes, glass or other heat resistant tubes or any
other device used or intended to be used, designed to be used to cause
vaporization of a controlled substance for inhalation;
(4)
Smoking and carburetion masks;
(5)
Roach clips, objects used to hold burning material, such as a
marijuana cigarette that has become too small or too short to be held in the
hand;
(6)
Miniature cocaine spoons and cocaine vials;
(7)
Chamber smoking pipes;
(8)
Carburetor smoking pipes;
(9)
Electric smoking pipes;
(10)
Air-driven smoking pipes;
(11)
Chillums;
9.69.26
November 2012
(12)
(13)
(14)
purpose;
(15)
(16)
Bongs;
Ice pipes or chillers;
Any smoking pipe manufactured to disguise its intended
Wired cigarette papers; or
Cocaine freebase kits.
4.
"Person" means any individual, corporation, government or governmental
subdivision or agency, business trust, estate trust, partnership, association or other legal
entity.
5.
"Simulated Controlled Substance" means any product which identifies itself
by a common name or slang term associated with a controlled substance and which indicates
on its label or accompanying promotional material that the product simulates the effect of a
controlled substance.
B.
Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101, et.
seq., or any amendments thereto, and as defined therein, it is unlawful for any person to manufacture,
possess, have under such person’s control, ingest, inhale, inject or otherwise introduce into the body,
prescribe, administer, deliver, distribute, dispense, compound, sell, offer for sale or have in such
person’s possession with intent to sell, any controlled substance.
C.
In determining whether an object is drug paraphernalia, a court or other authority
shall consider in addition to all other logically relevant factors, the following:
1.
Statements by an owner or person in control of the object concerning its use.
2.
Prior convictions, if any, of an owner or person in control of the object,
under any state or federal law relating to any controlled substance.
3.
The proximity of the object in time and space, to a direct violation of the
uniform controlled substances act.
4.
The proximity of the object to controlled substances.
5.
The existence of any residue of controlled substances on the object.
6.
Direct or circumstantial evidence of the intent of an owner or person in
control of the object, to deliver it to a person, the owner or person in control of the object
knows or should reasonably know, intends to use the object to facilitate a violation of the
Uniform Controlled Substances Act. The innocence of an owner or person in control of the
object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a
finding that the object is intended for use as drug paraphernalia.
7.
Oral or written instructions provided with the object concerning its use.
8.
Descriptive materials accompanying the object which explain or depict its
use.
9.
National and local advertising concerning the object's use.
10.
The manner in which the object is displayed for sale.
11.
Whether the owner or person in control of the object is a legitimate supplier
of similar or related items to the community, such as a distributor or dealer of tobacco
products.
12.
Direct or circumstantial evidence of the ratio of sales of the object or objects
to the total sales of the business enterprise.
13.
The existence and scope of legitimate uses for the object in the community.
14.
Expert testimony concerning the object's use.
15.
Any evidence that alleged paraphernalia can or has been used to store a
controlled substance or to introduce a controlled substance into the human body as opposed
to any legitimate use for the alleged paraphernalia.
16.
Advertising of the item in magazines or other means which specifically
glorify, encourage or espouse the illegal use, manufacture, distribution or cultivation of
controlled substances.
9.69.27
November 2012
The fact that the item has not yet been used or did not contain a controlled substance at the
time of the seizure is not a defense to a charge that the item was possessed with the intention for use
as drug paraphernalia.
D.
Sale and Display Prohibited.
1.
It shall be unlawful for any person, firm or corporation to sell, offer to sell,
dispense, give away or display any instrument or simulated controlled substance or simulated
drug in or upon any premises which:
a.
b.
c.
Are premises open to minors;
Are places of display; or
Are in close proximity to a school.
Provided, however, that display of any such items at a place of display for
educational or scientific purposes shall not be unlawful.
2.
A violation of Section 9.17.030 D. is declared to be a public nuisance and
shall be subject to abatement as provided by law.
E.
No person shall use or possess with intent to use:
1.
Any simulated controlled substances; or
2.
Any drug paraphernalia to use, store, contain, conceal, inject, ingest, inhale
or otherwise introduce into the human body a controlled substance in violation of the
Uniform Controlled Substance Act.
3.
Any drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, sell
or distribute a controlled substance is a violation of the Uniform Controlled Substance Act.
4.
Upon a conviction, plea of no contest or guilty for violation of this section
by a person 18 or more years of age, but less than 21 years of age, the municipal judge shall
order such person to submit to and complete an alcohol and drug evaluation by a community
based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and
amendments thereto, and to pay a fee not to exceed the fee established by that statute for
such evaluation. If the judge finds that person is indigent, the fee may be waived. Violation
of E. 1. and E. 2. is a Class A Public Offense. Violation of E. 3. is a Class A Public Offense
if it involves the possession of drug paraphernalia for the planting, propagation, growing or
harvesting of less than five (5) marijuana plants.
F.
No person shall deliver, possess with intent to deliver, manufacture with intent to
deliver or cause to be delivered within this City:
1.
Any drug paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used to use, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance in violation of
K.S.A. 65- 416, and amendments thereto. Violation of this section is a Class A Public
Offense.
G.
No person shall place or cause to be placed in any newspaper, magazine, handbill or
other publication distributed in this state, or received by mail in this state, any advertisement,
knowing, or under circumstances where one reasonably should know, that the purpose of the
advertisement, in whole or in part, is to promote the sale of:
1.
2.
A simulated controlled substance; or
objects designed or intended for use as drug paraphernalia.
9.69.28
November 2012
H.
No person shall knowingly deliver or cause to be delivered in this City any substance
which is not a controlled substance:
1.
Upon an express representation that the substance is a controlled substance
or that the substance is of such nature or appearance that the recipient will be able to
distribute the substance as a controlled substance;
2.
Under circumstances which would give a reasonable person reason to
believe that the substance is a controlled substance; or
3.
If any one of the following factors is established, there shall be a
presumption that delivery of a substance was under circumstances which would give a
reasonable person to believe that a substance is a controlled substance:
a.
The substance was packaged in a manner normally used for the
illegal delivery of controlled substances.
b.
The delivery of the substance included an exchange of or demand
for money or other consideration for delivery of the substance, and the amount of the
consideration was substantially in excess of the reasonable value of the substance.
c.
The physical appearance of the capsule or other material containing
the substance is substantially identical to a specific controlled substance.
4.
This section shall not control if any person 18 or more years of age who
violates this section by delivering or causing to be delivered in this state a substance to a
person under 18 years of age and who is at least three years older than the person under 18
years of age to whom the delivery is made.
5.
Violation of this section is a Class A Public Offense. (Ord. 12-38 § 12,
2012; Ord. 09-59 § 11, 2009; Ord. 06-71 § 12, 2006; Ord. 89-151 § 8, 1990; Ord. 87-149 §
12, 1987.)
9.17.040 Inhalation of Certain Elements.
A.
It shall be unlawful for any person within the City limits to:
1.
Smell or inhale the Toxic Vapors from any elements, compounds or
combinations of both elements and compounds as defined in subsection B of this section, for
the purpose of causing a condition of euphoria, exhilaration, intoxication, hallucination,
inebriation, excitement, stupefaction or the dulling of the brain or nervous systems;
2.
Use or possess for the purpose of using any of the elements, compounds or
combination of both elements and compounds as defined in subsection B of this section;
3.
Sell, give or offer to sell or give to any other person any of the elements,
compounds or combinations of both elements and compounds as defined in subsection B of
this section if the person has knowledge that the product sold, given or offered to be sold or
given will be used for the purpose set forth in 9.17.040 A 1;
4.
Nothing in this section shall be interpreted as applying to the inhalation of
any anesthesia or other substances for medical or dental purposes as prescribed or
administered by duly authorized personnel.
9.69.29
November 2012
B.
For purposes of this section, elements, compounds or combinations of both elements
and compounds shall be defined as any material in a liquid, solid or gaseous state, which contains
one or more of the following chemical materials: Hydrocarbons, to include but not limited to:
propane, benzene, or toluene; alcohols, to include but not limited to: methyl, ethyl, isopropyl, proyl,
or butyl; volatile esters, to include but not limited to: ethyl, acetate, butyl acetate, amyl acetate,
ketones, to include but not limited to: acetone, methyl ethyl ketone, methyl isobutyl keotone;
halogenated hydrocarbons, to include but not limited to: chloroform, ethylene dichloride, Freon,
including Freon 11 and Freon 12; halogenated derivatives of hydrocarbons, to include but not limited
to pentachlorophenol; aliphatic acetates, including but not limited to ethyl, methyl, propyl or methyl
cellosolve acetate; ethers, to include but not limited to ethyl ethers; carbon tetrachloride;
cyclohexane; hexane; naptha; perchlorethylene; trichlorethylene; xylene and any elements,
compounds or combination of both elements and compounds that produce a condition of
intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his brain or nervous
system.
C.
In a prosecution for a violation of this section, evidence that a container lists one or
more of the substances described in subsection B as one of the ingredients shall be prima facie
evidence that the substance in such container contains toxic vapors.
D.
Penalty: Upon a conviction, plea of no contest or guilty for violation of this section,
the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation
by a community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008,
and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such
evaluation. A diversion agreement based upon a violation of this section shall also require a person to
submit to and complete an alcohol and drug evaluation by a community based alcohol and drug
safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto and to pay a fee
not to exceed the fee established by that statute for such evaluation.
E.
Any person who violates this section shall be guilty of a Class B Public Offense.
(Ord. 09-59 § 12, 2009; Ord. 99-24 § 34, 1999)
9.17.050 Unlawfully Obtaining a Prescription-Only Drug.
A.
Unlawfully obtaining a prescription-only drug is:
1.
Making, altering or signing of a prescription order by a person other than a
practitioner or mid-level practitioner;
2.
Distribution of a prescription order, knowing it to have been made, altered or
signed by a person other than a practitioner or a mid-level practitioner;
3.
Possession of a prescription order with intent to distribute it and knowing it
to have been made, altered or signed by a person other than a practitioner or a mid-level
practitioner;
4.
Possession of a prescription-only drug knowing it to have been obtained
pursuant to a prescription order made, altered or signed by a person other than a practitioner
or a mid-level practitioner; or
5.
Providing false information to a practitioner or mid-level practitioner for the
purpose of obtaining a prescription-only drug.
B.
As used in this section:
1.
Pharmacist, practitioner, mid-level practitioner and prescription-only drug
shall have the meanings ascribed thereto by K.S.A. 65-1626 and amendments thereto.
2.
Prescription order means a written, oral or telephone order for a prescriptiononly drug to be filled by a pharmacist. Prescription order does not mean a drug dispensed
pursuant to such an order.
9.69.30
November 2012
C.
The provisions of this section shall not be applicable to prosecutions involving
prescription-only drugs which could be brought under the Uniform Controlled Substances Act and to
which the provisions of K.S.A. 65-4127a or 65-4127b, or K.S.A. Supp. 65-4160 through 65-4164 and
amendments thereto, would be applicable. (K.S.A. Supp. 21-5708)
D.
Unlawfully obtaining a prescription-only drug is a Class A Public Offense for the
first offense. (Ord. 12-38 § 16, 2012)
9.69.31
November 2012
CHAPTER 9.18
CLASSIFICATION OF PUBLIC OFFENSES AND PENALTIES
Sections:
9.18.010
Classification of Public Offenses; Terms of Confinement and Fines.
9.18.010 Classification of Public Offenses; Terms of Confinement and Fines.
(1) For the purpose of sentencing, the following classes of public offenses and penalties
authorized for each class are established:
(a) Class A, the sentence for which shall be a definite term of confinement in jail
which shall be fixed by the court and shall not exceed one year (365) days, or a fine not to
exceed Two Thousand, Five Hundred Dollars ($2,500.00), or both;
(b) Class B, the sentence for which shall be a definite term of confinement in jail
which shall be fixed by the court and shall not exceed One Hundred Eighty (180) days, or a
fine not to exceed One Thousand Dollars ($1,000.00), or both;
(c) Class C, the sentence for which shall be a definite term of confinement in jail
which shall be fixed by the court and shall not exceed thirty (30) days, or a fine not to exceed
Five Hundred Dollars ($500.00), or both.
(d) Unclassified Public Offenses, which shall include all offenses declared to be public offenses
without specification as to class, the sentence for which shall be in accordance with the sentence
specified in the ordinance section that defines the public offense; if no penalty is provided in such
section, the sentence shall be a definite term of confinement in jail which shall not exceed 180 days,
or a fine not to exceed Five Hundred Dollars ($500.00), or both. (Ord. 97-11 § 1, 1997; Ord. 83-75 §
2, 1983.)
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November 2012
CHAPTER 9.19
PUBLIC SAFETY PROCEDURE
Sections:
9.19.010
Criminal Identification.
9.19.010 Criminal Identification.
(1) The Police Department shall cause, make, maintain, file and report fingerprint
impressions as authorized and required by K.S.A. 21-2501 and amendments thereto, and for
violations of city ordinances which prohibit the same or similar acts as authorized and required by
K.S.A. 21-2501, K.S.A. 12-4106 and amendments thereto.
(2) The Police Department may upon arrest of any person or persons wanted for the
commission of a Class A Public Offense cause fingerprint impressions and photographs to be made
of such person or persons which shall be filed with a comprehensive description and such other data
and information as may be necessary to properly identify such person or persons, maintained in the
Police Department of this city. The aforementioned criminal identification fingerprint impressions,
photographs, description or other data may be used only for the purpose of criminal identification
and investigation by members of the Olathe Police Department, in accordance with federal and state
enactments controlling dissemination of criminal history and identification data. (Ord. 95-48 § 1,
1995; Ord. 93-09 § 36, 1993; Ord. 83-75 § 2, 1983.)
CHAPTER 9.20
AUTHORIZED DISPOSITIONS
Sections:
9.20.010
9.20.020
9.20.025
9.20.030
9.20.040
Diversion; Definitions.
Diversion Agreements Authorized; Policies and Guidelines by Prosecuting Attorney.
Municipal Court Diversion; Factors to Consider; When Prohibited.
Provision of Diversion Agreement; Waiver of Certain Rights; Effect of Failure to
Fulfill or Accept Agreement; Duties of City Attorney and Division of Vehicles.
Failure to Fulfill Diversion Agreement; Satisfactory Fulfillment; Records.
9.20.010 Diversion; Definitions.
(1) "Prosecuting Attorney" means any attorney representing the City of Olathe in criminal
proceedings in the municipal court or upon appeal taken therefrom.
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December 2009
(2) "Complaint" means complaint, citation or notice to appear.
(3) "Diversion" means referral of a defendant in a criminal case to a supervised performance
program prior to adjudication.
(4) "Diversion Agreement" means the specification of formal terms and conditions which a
defendant must fulfill in order to have the charges against him or her dismissed. (Ord. 89-151 § 9,
1990; Ord. 83-75 § 2, 1983.)
9.20.020 Diversion Agreements Authorized; Policies and Guidelines by Prosecuting Attorney.
(1) After a complaint has been filed in the municipal court charging a defendant with
commission of a public or traffic offense and prior to conviction thereof, after the city prosecutor has
considered the factors listed in Municipal Code Section 9.20.025, if it appears that diversion of the
defendant would be in the interests of justice and of benefit to the defendant and the community, the
prosecuting attorney may offer, in his discretion, a Diversion Agreement to the defendant.
(2) The eligibility criterion and terms of each Diversion Agreement shall be established by
the Olathe prosecuting attorney.
(3) The prosecuting attorney may require any defendant requesting diversion to provide
information regarding prior criminal charges, education, work experience and training, family,
residence in the community, medical history, including any psychiatric or psychological treatment or
counseling, and other information relating to the diversion program. In all cases, the defendant shall
be present and shall have the right to be represented by counsel during any diversion conference with
the prosecuting attorney.
(4) As used in this section, "complaint" includes a citation or notice to appear. (Ord 89-151
§ 10, 1990; Ord. 83-75 § 2, 1983.)
9.20.025 Municipal Court Diversion; Factors to Consider; When Prohibited.
A. In determining whether diversion of a defendant is in the best interests of justice and of
benefit to the defendant and the community, the City Attorney shall consider at least the following
factors among all factors considered:
1. The nature of the crime charged and the circumstances surrounding it;
2. any special characteristics or circumstances of the defendant;
3. whether the defendant is a first-time offender of an alcohol related offense and if
the defendant has previously participated in diversion, according to the certification of the
division of vehicles of the State Department of Revenue;
4. whether there is a probability that the defendant will cooperate with and benefit
from diversion;
5. whether the available diversion program is appropriate to the needs of the
defendant;
6. the impact of the diversion of the defendant upon the community;
7. recommendations, if any, of the involved law enforcement agency;
8. recommendations, if any, of the victim;
9. provisions for restitution; and
10. any mitigating circumstances.
B. A City Attorney shall not enter into a diversion agreement in lieu of further criminal
proceedings on a complaint alleging an alcohol related offense if the defendant:
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September 2013
1. Has previously participated in diversion of an alcohol related offense;
2. has previously been convicted of, pleaded guilty or pleaded nolo contendere to an
alcohol offense or has previously been convicted of, pleaded guilty or pleaded nolo
contendere to a violation of driving under the influence of alcohol and/or drugs (K.S.A. 81567 or 2012 Supp. 8-1025, and amendments thereto) or of a law of another state, or of a
political subdivision thereof, which prohibits the acts prohibited by that statute; or
3. during the time of the alleged alcohol related offense was involved in a motor
vehicle accident or collision resulting in personal injury or death. (Ord. 13-33 § 6, 20130;
Ord. 89-151 § 11, 1990.)
9.20.030 Provision of Diversion Agreement; Waiver of Certain Rights; Effect of Failure to
Fulfill or Accept Agreement; Duties of City Attorney and Division of Vehicles.
(1) A diversion agreement shall provide that if the defendant fulfills the obligations of the
program described therein, as determined by the City Attorney, the City Attorney shall act to have
the criminal charges against the defendant dismissed with prejudice. The diversion agreement shall
include specifically the waiver of all rights under the law or the Constitution of Kansas or of the
United States to counsel, a speedy arraignment, a speedy trial, and the right to trial by jury. The
diversion agreement may include, but is not limited to, provisions concerning payment of restitution,
including court costs and diversion costs, residence in a specified facility, maintenance or gainful
employment, and participation in programs offering medical, educational, vocational, social and
psychological services, corrective and preventive guidance and other rehabilitative services. The
diversion agreement shall state:
(a) The defendant's full name;
(b) The defendant's full name at the time the complaint was filed, if different from
the defendant's current name;
(c) The defendant's sex, race and date of birth;
(d) The crime with which the defendant is charged;
(e) The date the complaint was filed; and
(f) The municipal court with which the agreement is filed.
(2) If a diversion agreement is entered into in lieu of further criminal proceedings on a
complaint alleging an alcohol related offense, the diversion agreement shall include a stipulation,
agreed to by the defendant and the City Attorney, of the facts upon which the charge is based and a
provision that if the defendant fails to fulfill the terms of the specific diversion agreement and the
criminal proceedings on the complaint are resumed, the proceedings, including any proceedings on
appeals, shall be conducted on the record or the stipulation of facts relating to the complaint. In
addition, the agreement shall include a requirement that the defendant:
(a) Pay a fine specified by the agreement in an amount equal to an amount authorized
by K.S.A. 8-1567, and amendments thereto, for a first offense or, in lieu of payment of the
fine, perform community service specified by the agreement, consistent with K.S.A. 8-1567,
and amendments thereto; and
(b) enroll in and successfully complete an alcohol and drug safety action program or
a treatment program, or both, as provided in K.S.A. 8-1008, and amendments thereto, and
specified by the agreement, and pay the assessment required by K.S.A. 8-1008, and
amendments thereto.
(3) If the person entering into a diversion agreement is a nonresident, the City Attorney shall
transmit a copy of the diversion agreement to the division. The division shall forward a copy of the
diversion agreement to the motor vehicle administrator of the person's state of residence.
9.73
September 2013
(4) If the City Attorney elects to offer diversion in lieu of further criminal proceedings on the
complaint and the defendant agrees to all of the terms of the proposed agreement, the diversion
agreement shall be filed with the Municipal Court and the Municipal Court shall stay further
proceedings on the complaint. If the defendant declines to accept diversion, the Municipal Court
shall resume the criminal proceedings on the complaint.
(5) The City Attorney shall forward to the Division of Vehicles of the State Department of
Revenue a copy of the diversion agreement at the time such agreement is filed with the Municipal
Court. The copy of the agreement shall be made available upon request to any county, district or city
attorney or court. (Ord. 93-09, § 37, 1993; Ord. 89-151 § 12, 1990; Ord. 83-75 § 2, 1983.)
9.20.040 Failure to Fulfill Diversion Agreement; Satisfactory Fulfillment; Records.
(1) If the city prosecutor finds at the termination of the diversion period or any time prior
thereto or within ninety (90) days after the end of the termination of the diversion period that the
defendant has failed to fulfill the terms of the specific diversion agreement, the prosecuting attorney
shall inform the municipal court of such finding and the municipal court, after finding probable cause
that the defendant has failed to fulfill the terms of the specific diversion agreement at a hearing
thereon, shall resume the criminal proceedings on the complaint.
(2) If the defendant has fulfilled the terms of the diversion agreement, the municipal court
shall dismiss with prejudice the criminal charges filed against the defendant.
(3) The city attorney shall forward to the division of vehicles of the State Department of
Revenue a record of the fact that a defendant did or did not fulfill the terms of a diversion agreement
required to be filed under subsection (d) of K.S.A. 12-4416 and amendments thereto. Such record
shall be made available to any county, district or city attorney or court.
(4) A record of the fact that an individual is and has participated in diversion shall be
forwarded to the Olathe Police Department. (Ord 89-151 § 13, 1990; Ord. 83-75 § 2, 1983.)
CHAPTER 9.21
SEVERABILITY AND REPEAL
Sections:
9.21.010
9.21.020
Severability.
Previous Violations; Affect of Repeal.
9.21.010 Severability. If any provision of this title or public offense code is declared
unconstitutional, or the application thereof to any person or circumstance is held invalid, the
constitutionality of the remainder of the code and the applicability thereof to other persons and
circumstances shall not be affected thereby. (Ord. 83-75 § 2, 1983.)
9.21.020 Previous Violations; Affect of Repeal. Repeal of prior public offense ordinance, codes or
code sections does not affect or bar prosecution for offenses under the repealed sections, committed
while the said sections were in force. A public offense committed while an ordinance section creating
it was in force is not affected by the repeal of such ordinance section; the violation may be dealt with
and punished in all respects as if the ordinance section had remained in full force. (Ord. 83-75 § 2,
1983.)
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CHAPTER 9.25
AUTOMATIC ALARM SYSTEMS
Sections:
9.25.010
9.25.020
9.25.030
9.25.040
9.25.050
9.25.060
9.25.070
9.25.080
9.25.090
9.25.100
9.25.110
9.25.120
9.25.130
9.25.140
Definitions
Registration Required; Application Fee; Transferability; False Statements
Alarm Registration Duration and Renewal
Duties of the Alarm User
Duties of Alarm Installation Company and Monitoring Company
Duties and Authority of the Alarm Administrator
False Alarms, Fees Required
Notification
Suspension of Response
Appeals
Reinstatement
Penalty
Government Immunity
Severability
9.25.010 Definitions. In this ordinance, the following terms and phrases shall have the following
meanings:
(A) Alarm Administrator means a Person or Persons designated by the governing authority
to administer, control and review False Alarm reduction efforts and administer the provisions of this
ordinance.
(B) Alarm Installation Company means a Person in the business of selling, providing,
maintaining, servicing, repairing, altering, replacing, moving or installing an Alarm System in an
Alarm Site.
(C) Alarm Dispatch Request means a notification to a law enforcement agency that an alarm,
either manual or automatic, has been activated at a particular Alarm Site.
(D) Alarm Registration (or Permits) means an authorization granted by the Alarm
Administrator to an Alarm User to operate an Alarm System.
(E) Alarm Site means a single fixed premise or location served by an Alarm System or
Systems. Each unit, if served by a separate Alarm System in a multi-unit building or complex, shall
be considered a separate Alarm Site.
(F) Alarm System means a device or series of devices, including, but not limited to,
hardwired systems and systems interconnected with a radio frequency method such as cellular or
private radio signals, which emit or transmit a remote or local audible, visual or electronic signal
indicating an alarm condition and intended to summon law enforcement response, including Local
Alarm Systems. Alarm System does not include an alarm installed in a vehicle or on someone’s
Person unless the vehicle or the personal alarm is permanently located at a site.
(G) Alarm User means any Person who (which) has contracted for Monitoring, repair,
installation or maintenance service from an Alarm Installation Company or Monitoring Company for
an alarm system, or who (which) owns or operates an Alarm System which is not monitored,
maintained or repaired under contract.
(H) Alarm User Awareness Class means a class conducted for the purpose of educating
Alarm Users about the responsible use, operation, and maintenance of Alarm Systems and the
problems created by False Alarms.
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(I) Arming Station means a device that allows control of an Alarm System.
(J) Automatic Voice Dialer means any electrical, electronic, mechanical, or other device
capable of being programmed to send a prerecorded voice message, when activated, over a telephone
line, radio or other communication system, to a law enforcement, public safety or emergency services
agency requesting dispatch.
(K) Cancellation means the process where response is terminated when a Monitoring
Company (designated by the Alarm User) for the Alarm Site notifies the responding law enforcement
agency that there is not an existing situation at the Alarm Site requiring law enforcement agency
response after an alarm dispatch request.
(L) Conversion means the transaction or process by which one Alarm Installation Company
or Monitoring Company begins the servicing and/or Monitoring of a previously unmonitored Alarm
System or an Alarm System previously serviced and/or monitored by another alarm company.
(M) Duress Alarm means a silent Alarm System signal generated by the entry of a designated
code into an Arming Station in order to signal that the Alarm User is being forced to turn off the
system and requires law enforcement response.
(N) False Alarm means an Alarm Dispatch Request to a law enforcement agency, when the
responding law enforcement officer finds no evidence of a criminal offense or attempted criminal
offense after having completed a timely investigation of the Alarm Site.
(O) Holdup Alarm means a silent alarm signal generated by the manual activation of a device
intended to signal a robbery in progress.
(P) Law Enforcement Authority means the Chief of Police or other authorized representative
of the Olathe Police Department.
(Q) Local Alarm System means any Alarm System, which is not monitored, that annunciates
an alarm only at the Alarm Site.
(R) Monitoring means the process by which a Monitoring Company receives signals from an
Alarm System and relays an Alarm Dispatch Request to the municipality for the purpose of
summoning law enforcement to the Alarm Site.
(S) Monitoring Company means a Person in the business of providing Monitoring services.
(T) One Plus Duress Alarm means the manual activation of a silent alarm signal by entering
at an Arming Station a code that adds one (1) to the last digit of the normal arm/disarm code (e.g.,
normal code = 1234, One Plus Duress Code = 1235).
(U) Panic Alarm means an audible Alarm System signal generated by the manual activation
of a device intended to signal a life threatening or emergency situation requiring law enforcement
response.
(V) Person means an individual, corporation, partnership, association, organization or similar
entity.
(W) Responder means an individual capable of reaching the Alarm Site within twenty (20)
minutes and having access to the Alarm Site, the code to the Alarm System and the authority to
approve repairs to the Alarm System.
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(X) SIA Control Panel Standard CP-01 means the ANSI – American National Standard
Institute approved Security Industry Association – SIA CP-01 Control Panel Standard, as may be
updated from time to time, that details recommended design features for security system control
panels and their associated arming and disarming devices to reduce the incidence of False Alarms.
Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally
recognized testing organizations, will be marked to state: “Design evaluated in accordance with SIA
CP-01 Control Panel Standard Features for False Alarm Reduction”.
(Y) Takeover means the transaction or process by which an Alarm User takes over control of
an existing Alarm System, which was previously controlled by another Alarm User.
(Z) Verify means an attempt by the Monitoring Company, or its representative, to contact the
Alarm Site and/or Alarm User by telephone and/or other electronic means, whether or not actual
contact with a Person is made, to determine whether an alarm signal is valid before requesting law
enforcement dispatch, in an attempt to avoid an unnecessary Alarm Dispatch Request. For the
purpose of this ordinance, telephone verification shall require, as a minimum that a second call be
made to a different number if the first attempt fails to reach an Alarm User who can properly identify
themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch.
(AA) Zones mean division or devices into which an Alarm System is divided to indicate the
general location from which an Alarm System signal is transmitted. (Ord. 05-154 § 2, 2005; Ord. 9404 § 2, 1994; Ord. 84-46 § 1, 1984.)
9.25.020 Registration Required; Application; Fee; Transferability; False Statements.
A. It shall be unlawful for an Alarm User to operate, or cause to be operated, an Alarm
System at its Alarm Site without a valid Alarm Registration. A separate Alarm Registration is
required for each Alarm Site.
B. There is no fee to process an Alarm Registration application or renewal.
C. Upon receipt of a completed Alarm Registration application form the Alarm
Administrator shall register the applicant unless the applicant has:
1. Failed to pay a fine or fee assessed pursuant to Section 9.25.070; or
2. Had an alarm registration for the Alarm Site suspended or revoked, and the
violation causing the suspension or revocation has not been corrected.
D. Each Alarm Registration application must include the following information:
1. The name, complete address (including apartment/suite number), and telephone
numbers of the Person who will be the registration holder and be responsible for the proper
maintenance and operation of the Alarm System and payment of fees assessed under this
chapter;
2. The classification of the Alarm Site as either residential (includes apartment,
condominium, mobile home, etc.) or commercial;
3. For each Alarm System located at the Alarm Site, the classification of the Alarm
System (i.e. burglary, Holdup, Duress, Panic Alarms or other) and for each classification
whether such alarm is audible or silent;
4. Mailing address, if different from the address of the Alarm Site;
5. Any dangerous or special conditions present at the Alarm Site;
6. Names and telephone numbers of at least two individuals who are able and have
agreed to:
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a. Receive notification of an Alarm System activation at any time;
b. Respond to the Alarm Site within twenty (20) minutes at any time; and
c. Upon request, can grant access to the Alarm Site and deactivate the Alarm
System, if necessary;
7. Type of business conducted at a commercial Alarm Site;
8. Signed certification from the Alarm User stating the following:
a. The date of Installation, Conversion or Takeover of the Alarm System,
whichever is applicable;
b. The name, address, and telephone number of the Alarm Installation
Company or companies performing the Alarm System Installation, Conversion or
Takeover and of the Alarm Installation Company responsible for providing repair
service to the Alarm System;
c. The name, address, and telephone number of the Monitoring Company, if
different from the Alarm Installation Company;
d. That a set of written operating instructions for the Alarm System,
including written guidelines on how to avoid False Alarms, have been left with the
applicant by the Alarm Installation Company; and
e. That the Alarm Installation Company has trained the applicant in proper
use of the Alarm System, including instructions on how to avoid False Alarms.
9. That law enforcement response may be influenced by factors including, but not
limited to the availability of police units, priority of calls, weather conditions, traffic
conditions, emergency conditions, staffing levels, etc.
E. Any false statement of a material fact made by an applicant for the purpose of obtaining
an alarm registration shall be sufficient cause for refusal to issue a registration.
F. An Alarm Registration cannot be transferred to another Person or Alarm Site. An Alarm
User shall inform the Alarm Administrator of any change that alters any of the information listed on
the Alarm Registration application within five (5) business days of such change.
G. All fines and fees owed by an applicant must be paid before an Alarm Registration may
be issued or renewed. (Ord. 10-38 § 1, 2010; Ord. 05-154 § 2, 2005.)
9.25.030 Alarm Registration Duration and Renewal. An Alarm Registration shall be granted for
the calendar year for which issued and will expire on December 31st of each calendar year. It must
be renewed each calendar year by submitting an updated application. The Alarm Registration shall
only be valid for the remainder of the calendar year issued. The Alarm Administrator shall notify
each Alarm User of the need to renew thirty (30) days prior to the expiration of the registration. It is
the responsibility of the Alarm User to submit an application prior to the registration expiration date.
Failure to renew will be classified as use of a non-registered Alarm System and citations and
penalties shall be assessed without waiver. (Ord. 10-38 § 2, 2010; Ord. 05-154 § 2, 2005.)
9.25.040 Duties of the Alarm User.
(A) An Alarm User shall:
(1) Maintain the Alarm Site and the Alarm System in a manner that will
minimize or eliminate False Alarms;
(2) Make every reasonable effort to have a Responder to the Alarm System’s
location within twenty (20) minutes when requested by the law enforcement agency
in order to:
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(a) Deactivate an Alarm System;
(b) Provide access to the Alarm Site; and/or
(c) Provide alternative security for the Alarm Site.
(3) Not activate an Alarm System for any reason other than an occurrence of
an event that the Alarm System was intended to report.
(B) An Alarm User shall adjust the mechanism or cause the mechanism to be adjusted so that
an alarm signal audible on the exterior of an Alarm Site will sound for no longer than ten (10)
minutes after being activated.
(C) An Alarm User shall have an Alarm Installation Company inspect the Alarm System
after three (3) False Alarms in a one (1) year period. The Alarm Administrator may waive a required
inspection if it determines that a False Alarm(s) could not have been related to a defect or
malfunction in the Alarm System. After five (5) False Alarms within a one (1) year period, the
Alarm User must have a Alarm Installation Company modify the Alarm System to be more False
Alarm resistant or provide additional user training as appropriate.
(D) An Alarm User shall not use Automatic Voice Dialers.
(E) An Alarm User shall maintain at each Alarm Site, a set of written operating instructions
for each Alarm System.
(F) It is unlawful to violate the duties of an Alarm User. (Ord. 05-154 § 2, 2005.)
9.25.050 Duties of Alarm Installation Company and Monitoring Company.
(A) The Alarm Installation Company shall provide written and oral instructions to each of its
Alarm Users in the proper use and operation of their Alarm Systems. Such instructions will
specifically include all instructions necessary to turn the Alarm System on and off and to avoid False
Alarms.
(B) Upon the effective date of this ordinance, Alarm Installation Companies shall not
program Alarm Systems so that they are capable of sending One Plus Duress Alarms. Monitoring
Companies may continue to report One Plus Duress Alarms received from Alarm Systems
programmed with One Plus Duress Alarms prior to enactment of this ordinance. However, upon the
effective date of this ordinance, when a Takeover or Conversion occurs or if an Alarm User requests
an Alarm System inspection or modification pursuant to Section 9.25.040 (C) of this ordinance, an
Alarm Installation Company must remove the One Plus Duress Alarm capability from such Alarm
Systems.
(C) Upon the effective date of this ordinance, Alarm Installation Companies shall not install
a device to activate a Holdup Alarm, which is a single action, non-recessed button.
(D) Ninety (90) days after enactment of this ordinance, the Alarm Installation Companies
shall, on new installations, use only alarm control panel(s) which meet SIA Control Panel Standard
CP-01.
(E) An alarm company shall not use Automatic Voice Dialers.
(F) After completion of the installation of an Alarm System, an Alarm Installation Company
employee shall review with the Alarm User the Customer False Alarm Prevention Checklist.
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(G) The Monitoring Company shall not make an Alarm Dispatch Request of a law
enforcement agency in response to a burglar alarm signal, excluding Panic, Duress and Holdup
signals, during the first seven (7) days following an Alarm System installation. The Alarm
Administrator may grant an Alarm User’s request for an exemption from this waiting period based
upon a determination that special circumstances substantiate the need for the exemption.
(H) A Monitoring Company shall:
(1) Report alarm signals by using telephone numbers designated by the Alarm
Administrator;
(2) Verify every alarm signal, except Duress or Holdup Alarm activation, before
requesting a law enforcement response to an Alarm System signal;
(3) Communicate Alarm Dispatch Requests to the municipality;
(4) Communicate Cancellations to the municipality;
(5) Ensure that all Alarm Users of the Alarm Systems equipped with a Duress,
Holdup or Panic Alarm are given adequate training as to the proper use of the Duress,
Holdup or Panic Alarm;
(6) Communicate any available information (north, south, front, back, etc.) about the
location on all alarm signals related to the Alarm Dispatch Request;
(7) Communicate type of alarm activation (silent or audible, interior or perimeter);
(8) Provide an Alarm User registration number when requesting law enforcement
dispatch;
(9) After an Alarm Dispatch Request, promptly advise the law enforcement agency if
the Monitoring Company knows that the Alarm User or the Responder is on the way to the
Alarm Site:
(10) Attempt to contact the Alarm User or Responder within twenty four (24) hours
via fax, telephone or other electronic means when an Alarm Dispatch Request is made; and
(11) Upon the effective date of this ordinance, Monitoring Companies must maintain
for a period of at least one (1) year from the date of the Alarm Dispatch Request, records
relating to Alarm Dispatch Requests. Records must include the name, address and telephone
number of the Alarm User, the Alarm System Zone(s) activated, the time of Alarm Dispatch
Request and evidence of an attempt to Verify. The Alarm Administrator may request copies
of such records for individually named Alarm Users. If the request is made within sixty (60)
days of an Alarm Dispatch Request, the Monitoring Company shall furnish requested records
within three (3) business days of receiving the request. If the records are requested between
sixty (60) days to one (1) year after an Alarm Dispatch Request, the Monitoring Company
shall furnish the requested records within thirty (30) days of receiving the request.
(I) An Alarm Installation Company and/or Monitoring Company that purchases Alarm
System accounts from another Person shall notify the Alarm Administrator of such purchase and
provide details as may be reasonably requested by the Alarm Administrator. (Ord. 05-154 § 2,
2005.)
9.25.060 Duties and Authority of the Alarm Administrator.
(A) The Alarm Administrator shall:
(1) Designate a manner, form and telephone numbers for the communication of
Alarm Dispatch Requests; and
(2) Establish a procedure to accept Cancellation of Alarm Dispatch Requests.
(B) The Alarm Administrator shall establish a procedure to record such information on
Alarm Dispatch Requests necessary to permit the Alarm Administrator to maintain records,
including, but not limited to, the information listed below.
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(1) Identification of the registration number for the Alarm Site;
(2) Identification of the Alarm Site;
(3) Date and time Alarm Dispatch Request was received, including the name of the
Monitoring Company and the Monitoring operator name or number;
(4) Date and time of law enforcement officer arrival at the Alarm Site;
(5) Zone and Zone description, if available;
(6) Weather conditions;
(7) Name of Alarm User’s representative at Alarm Site, if any;
(8) Identification of the responsible Alarm Installation Company or Monitoring
Company;
(9) Whether law enforcement officer was unable to locate the address of the Alarm
Site;
(10) Cause of alarm signal, if known.
(C) The Alarm Administrator shall establish a procedure for the notification to the Alarm
User of a False Alarm. The notice shall include the following information:
(1) The date and time of law enforcement response to the False Alarm;
(2) The identification number of the responding law enforcement officer;
(3) A statement urging the Alarm User to ensure that the Alarm System is properly
operated, inspected, and serviced in order to avoid False Alarms and resulting fines.
(D) The Alarm Administrator may require a conference with an Alarm User and the Alarm
Installation Company and/or Monitoring Company responsible for the repair or monitoring of the
Alarm System to review the circumstances of each False Alarm.
(E) The Alarm Administrator may create and implement an Alarm User Awareness Class.
The Alarm Administrator may request the assistance of Association, alarm companies and law
enforcement agencies in developing and implementing the class. The class shall inform Alarm Users
of the problems created by False Alarms and teach Alarm Users how to avoid generating False
Alarms.
(F) The Alarm Administrator may require an Alarm User to remove a Holdup Alarm that is a
single action, non-recessed button, if a False Holdup Alarm has occurred.
(G) The Alarm Administrator will make a copy of this ordinance and/or an ordinance
summary sheet available to the Alarm User. (Ord. 05-154 § 2, 2005.)
9.25.070 False Alarms, Fines Required.
(A) Any Alarm User which has recorded more than one (1) False Alarm within a calendar
year will be subject to False Alarm fees. The fees of this section shall be adopted by resolution of
the Governing Body.
(B) In addition, any Person operating a non-registered Alarm System will be subject to a fee
for each False Alarm in addition to any other fines or fees. The Alarm Administrator may waive this
additional fee for a non-registered system if the Alarm User submits an application for Alarm
Registration within ten (10) days after notification of such violation.
(C) An Alarm User may have the option of attending an Alarm User Awareness Class in lieu
of paying one prescribed fee per calendar year.
(D) If Cancellation occurs prior to law enforcement arriving at the scene, this is not a False
Alarm for the purpose of fee, and no fee will be assessed.
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(E) The Alarm Installation Company shall be assessed a fee if the officer responding to the
False Alarm determines that an on-site employee of the Alarm Installation Company directly caused
the False Alarm. In this situation, the False Alarm will not be counted against the Alarm User.
(F) The Monitoring Company shall be issued a fee for each failure to Verify Alarm System
signals as specified in Section 9.25.050.
(G) The Alarm Installation Company shall be issued a fee if the Alarm Administrator
determines that an Alarm Installation Company employee knowingly made a false statement
concerning the inspection of an Alarm Site or the performance of an Alarm System.
(H) Notice of the right of appeal under this ordinance will be included with any fines or fees.
(I) Failure of an Alarm User to appeal a fee assessment as provided in Section 9.25.070 or to
otherwise satisfy the fee assessment as required in Section 9.25.070 of this chapter shall create a
prima facie case that the alarm signal at issue is a False Alarm and that such Alarm User is in
violation of this chapter.
(J) Failure to pay False Alarm fees is a violation of this chapter. Nothing contained in this
section shall prohibit prosecution in Municipal Court for violation of any sections of this chapter and
assessment of any and all other penalties as provided by law. (Ord. 05-154 § 2, 2005.)
9.25.080 Notification.
(A) The Alarm Administrator shall notify the Alarm User in writing after each False Alarm.
(1) The notification shall include the amount of the fee for the False Alarm;
(2) Notice that the Alarm User can attend Alarm User Awareness Class to waive a
fee;
(3) The fact that response will be suspended after the tenth (10th) False Alarm,
excluding Duress, Holdup and Panic Alarms; and
(4) A description of the appeals procedure available to the Alarm User.
(B) The Alarm Administrator will notify the Alarm User and the Alarm Installation
Company or Monitoring Company in writing after alarm response has been suspended, except to
Duress, Holdup and Panic Alarms. This notice of suspension will also include the amount of the fine
for each False Alarm and a description of the appeals procedure available to the Alarm User and the
Alarm Installation Company or Monitoring Company. (Ord. 05-154 § 2, 2005.)
9.25.090 Suspension of Response.
A. The Alarm Administrator may suspend law enforcement response to an Alarm Site by
revoking the Alarm Registration if it is determined that:
1. The Alarm User has ten (10) or more False Alarms in a calendar year;
2. There is a statement of a material fact known to be false in the application for a
registration;
3. The Alarm User has failed to make timely payment within thirty (30) days of a
fee assessed under Section 9.25.070; or
4. The Alarm User has failed to submit a written certification from an Alarm
Installation Company that complies with the requirements of this chapter, stating that the
Alarm System has been inspected and repaired (if necessary) and/or additional training has
been conducted by the Alarm Installation Company.
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B. A Person commits an offense if he/she operates an Alarm System during the period in
which the alarm registration is revoked and is subject to enforcement and penalties set forth in
Section 9.25.070. A Monitoring Company commits an offense if it continues Alarm Dispatch
Requests to an Alarm Site after notification by the Alarm Administrator that the registration has been
revoked and is subject to enforcement and penalties set forth in Section 9.25.070.
C. Unless there is separate indication that there is a crime in progress, the Law Enforcement
Authority will refuse law enforcement response to an Alarm Dispatch Request at an Alarm Site for
which the Alarm Registration is revoked. (Ord. 10-38 § 3, 2010; Ord. 05-154 § 2, 2005.)
9.25.100 Appeals.
(A) If the Alarm Administrator assesses a fine or denies the issuance, renewal or
reinstatement of an Alarm Registration, the Alarm Administrator shall send written notice of the
action and a statement of the right to an appeal to either the affected applicant or Alarm User and the
Alarm Installation Company and/or Monitoring Company.
(B) The Alarm User, Alarm Installation Company or Monitoring Company may appeal an
assessment of a fine for the revocation of an Alarm Registration to the Alarm Administrator by
setting forth in writing the reasons for the appeal within fifteen (15) business days after receipt of the
fine or notice of revocation.
(C) The Alarm User or the Alarm Installation Company or Monitoring Company may appeal
the decision of the Alarm Administrator to the Law Enforcement Authority as follows:
(1) The applicant, Alarm User, Alarm Installation Company or the Monitoring
Company may file a written request for a review setting forth the reasons for the appeal
within twenty (20) business days after the date of notification of the decision from the Alarm
Administrator.
(2) The Law Enforcement Authority shall conduct a formal hearing within thirty (30)
days of the receipt of the request and consider the evidence by any interested Person(s). The
Law Enforcement Authority shall make its decision on the basis of the preponderance of
evidence presented at the hearing. The Law Enforcement Authority must render a decision
within fifteen (15) days after the date of the hearing. The Law Enforcement Authority shall
affirm or reverse the decision of the Alarm Administrator.
(D) Filing of a request for appeal shall stay the action by the Alarm Administrator revoking
an Alarm Registration or requiring payment of a fine, until the Law Enforcement Authority has
completed its review. If a request for appeal is not made within the twenty (20) business day period,
the action of the Alarm Administrator is final.
(E) Alarm Administrator or Law Enforcement Authority may adjust the count of False
Alarms based on:
(1) Evidence that a False Alarm was caused by an act of God;
(2) Evidence that a False Alarm was caused by action of the telephone company;
(3) Evidence that a False Alarm was caused by a power outage lasting longer than
four (4) hours;
(4) Evidence that the Alarm Dispatch Request was not a False Alarm; and/or
(5) In determining the number of False Alarms, multiple alarms occurring in any
twenty four (24) hour period shall be counted as one False Alarm; to allow the Alarm User
time to take corrective action unless the False Alarms are directly caused by the Alarm User.
(F) With respect to the fees of an Alarm Installation Company or Monitoring Company, the
Alarm Administrator or Law Enforcement Authority may take into consideration whether the alarm
company had engaged in a consistent pattern of violations. (Ord. 05-154 § 2, 2005.)
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9.25.110 Reinstatement.
A. A Person whose Alarm Registration has been revoked may, at the discretion of the Alarm
Administrator or the Law Enforcement Authority, have the Alarm Registration reinstated by the
Alarm Administrator or the Law Enforcement Authority if the Person:
1. Submits a new application;
2. Pays, or otherwise resolves, all outstanding citations and fines; and
3. Submits a certification from an Alarm Installation Company stating that the
Alarm System has been inspected and repaired (if necessary) by the Alarm Installation
Company;
B. In addition, the Alarm Administrator may require one or more of the following as a
condition to reinstatement;
1. Proof that an employee of the Alarm Installation Company or Monitoring
Company caused the False Alarm;
2. A certificate showing that the Alarm User has successfully completed the Alarm
User Awareness Class as provided pursuant to Section 9.25.060.
3. Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;
4. A written statement from an Alarm Installation Company that the Alarm System
has been inspected and is in good working order.
In the interest of public safety, all information contained in and gathered through the Alarm
Registration applications and applications for appeals shall be held in confidence by all employees or
representatives of the municipality and by any third-party administrator or employees of a third-party
administrator with access to such information. (Ord. 10-38 § 4, 2010; Ord. 05-154 § 2, 2005.)
9.25.120 Penalty. Any person or entity violating any provision of this chapter shall, upon
conviction, be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five
Hundred Dollars ($500.00). Each day that any violation occurs or continues constitutes a separate
offense. (Ord. 05-154 § 2, 2005; Ord. 94-04 § 2, 1994; Ord. 84-46 § 1, 1984.)
9.25.130 Government Immunity. Alarm Registration is not intended to, nor will it, create a
contract, duty or obligation, either expressed or implied, of response. Any and all liability and
consequential damage resulting from the failure to respond to a notification is hereby disclaimed and
governmental immunity as provided by law is retained. By applying for an Alarm Registration, the
Alarm User acknowledges that law enforcement response may be influenced by factors such as: the
availability of police units, priority of calls, weather conditions, traffic conditions, emergency
conditions, staffing levels and prior response history. (Ord. 05-154 § 2, 2005.)
9.25.140 Severability. The provisions of this ordinance are severable. If a Court determines that a
word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the
application of any part of the provision to any Person or circumstance is invalid, the remaining
provisions and the application of those provisions to other Persons or circumstances are not affected
by that decision. (Ord. 05-154 § 2, 2005.)
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July 2010
CHAPTER 9.40
MOB ACTlON
Sections:
9.40.010
9.40.020
9.40.030
9.40.040
Emergency--Proclamation of Regulations.
Emergency Proclamation--Effective Date.
Emergency Proclamation--Termination.
Emergency--Trespassing on Property Unlawful.
9.40.010 Emergency--Proclamation of Regulations. Whenever, in the judgment of the mayor or, in
the event of his or her inability to act, the vice-chairman of the Governing Body, it is determined that
an emergency exists, as a result of mob action, civil disobedience, or disaster within the corporate
limits of the City of Olathe, Kansas, causing danger of injury to or damage to persons or property, he
or she shall have the power to impose by proclamation any or all of the following regulations
necessary to preserve the peace and order of the City:
A. To impose a curfew upon all or any portion of the City thereby requiring all persons in
such designated curfew areas to forthwith remove themselves, and/or their motor vehicles, from the
public streets, alleys, public parking lots, parks or other public places; provided however, that
physicians, nurses and ambulance operators preforming medical services, utility personnel
maintaining essential public services, firemen and City authorized or requested law enforcement
officers and personnel may be exempted from such curfew;
B. To order the closing of any business establishment anywhere within the City for the
period of the emergency, such businesses to include, but not be limited to, those selling intoxicating
liquors, cereal malt beverages, or gasoline;
C. To designate any public street, thoroughfare or vehicle parking area closed to motor
vehicles and pedestrian traffic;
D. To call upon regular, reserve and auxiliary law enforcement agencies and organizations
within the City, including the sheriff's department under provisions of mutual emergency police
protection compact to assist in preserving and keeping the peace within the City. To request
assistance from all law enforcement and related agencies outside the City;
E. That any and all of the regular, reserve and auxiliary law enforcement agencies,
organizations and their individual officers shall have the full power and authority to make arrests and
to act on behalf of the City in order to enforce the provisions provided for herein and any and all
other City ordinances that might be violated as a result of any mob action or other civil disobedience;
F. The mayor is hereby authorized to enter into a mutual emergency police protection
compact with any and all governing bodies of Johnson County, Kansas, and any other duly
authorized governing body within the Kansas City standard metropolitan area. (Ord. 14-42 § 12,
2014; Ord. 67-C § 1, 1967.)
9.40.020 Emergency Proclamation--Effective Date. The proclamation of emergency provided
herein shall become effective upon its issuance and dissemination to the public by appropriate news
media, or by posting the proclamation of emergency at three public places within the city limits, or
by other means reasonably calculated to inform persons affected. (Ord. 67-C § 2, 1967.)
9.40.030 Emergency Proclamation--Termination. Any emergency proclaimed in accordance with
the provisions of this chapter shall terminate after forty-eight hours from the issuance thereof, or
upon the issuance of a proclamation determining an emergency no longer exists, whichever occurs
first; provided, however, that such emergency may be extended for such additional periods of time as
determined necessary by resolution of the Governing Body. (Ord. 67-C § 3, 1967.)
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July 2014
9.40.040 Emergency--Trespassing on Property Unlawful. During the time of an emergency
proclaimed by the mayor as provided by this chapter, it shall be unlawful for any person to
voluntarily enter into, upon or over any property without the consent of the owner or persons in
charge thereof. (Ord. 121-C § 1, 1968.)
CHAPTER 9.42. PUBLIC SAFETY SERVICES. Repealed 2/16/93. (Ord. 93-09 § 38, 1993;
Ord. 84-06 § 1, 1984.)
CHAPTER 9.48. CRIMINAL TRESPASS. Repealed 2/16/93. (Ord. 93-09 § 38, 1993; Ord. 114
§ 1 & 2, 1972.)
CHAPTER 9.50
ETHNIC INTIMIDATION OR BIAS CRIMES
Sections:
9.50.010
9.50.020
9.50.030
Ethnic Intimidation or Bias Crimes
Penalty
Police Department Record Keeping
9.50.010 Ethnic Intimidation or Bias Crimes.
A. Any person who violates or attempts to violate any of the following ordinances of the
City of Olathe Public Offense Code, and any amendments thereto, by reason of any motive or intent
relating to, or any antipathy, animosity or hostility based upon, the race, color, sex, religion, national
origin, age, ancestry, disability, or handicap of another individual or group of individuals shall be
guilty of a public offense:
1.
2.
3.
4.
5.
Chapter 9.04, Offenses Against Persons;
Chapter 9.11, Offenses Against the Public Peace;
Section 9.07.080, Criminal Damage to Property;
Section 9.07.090, Criminal Trespass;
Section 9.12.020, Criminal Use of Weapons.
B. Any person who, by reason of any motive or intent relating to, or any antipathy,
animosity or hostility based upon, the race, color, sex, religion, national origin, age, ancestry,
disability, or handicap of another individual or group of individuals knowingly assemble with four or
more persons and agree with such persons to violate any of the criminal laws of the state of Kansas
or of the United States with force or violence shall be guilty of a public offense. No person may be
convicted of subsection B of this section unless an overt act in furtherance of the violation of this
section is alleged and proved to have been committed by one of the individuals assembled.
9.50.020 Penalty.
A. Upon a first conviction of a violation of the provisions of this chapter, a person shall be
deemed guilty of a Class A Public Offense and shall be punished by a fine of not less than Two
Hundred Fifty Dollars ($250.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) or
by imprisonment for not more than one (1) year, or by both such fine and imprisonment.
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February 2006
B. On a second or subsequent conviction of a violation of the provisions of this chapter, a
person shall be deemed guilty of a Class A Public Offense and shall be sentenced to imprisonment of
not less than five (5) days nor more than one (1) year and a fine of not less than Five Hundred
Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00).
9.50.030 Police Department Record Keeping. The Police Department shall, on a quarterly basis,
prepare a statistical summary concerning all criminal acts and ordinance violations committed within
the City of Olathe during the previous month which there is reason to believe have been committed
as a result of any motive or intent relating to any antipathy, animosity or hostility based upon the
race, color, sex, religion, national origin, age, ancestry, disability or handicap of an individual or
group of individuals. A copy of the summary shall be forwarded to the City Manager. The summary
shall not contain the names of persons who are suspected or accused of having committed crimes or
ordinance violations.
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February 2006